DISMISSALS

Criminal Defense Firm

"NOLLE PROSEQUI” OR ‘"NOL PROSSE"

The Dismissal is the most gratifying result for the client.  Dismissals take different forms and Carlos Canet has achieved all types.  The “Nolle Prosequi,” or  ‘Nol Prosse,’ is the latin term used when the State or Government are forced to declare a VOLUNTARY DISMISSAL.  These types of dismissals come when the lawyer has obtained a legal result that has forced the state or government to act.  Typically, this comes from litigation resulting in the exclusion of critical evidence.  This happens when a motion to exclude evidence on certain legal grounds is granted by the court.  A Nol Prosse may also be obtained if a problem with an important witness is exposed by the defense.  A dismissal may also accomplished through a motion to dismiss.  This type of motion is a legal challenge when it is calculated that the state cannot prove its case.  It is a great device to test the evidence because the client is not exposed to any penalties or consequences in the event the motion is denied.

FREE CONSULTATION

If you are seeking to fight your case and get the ideal result contact the Law Office of Carlos A. Canet and schedule a FREE CONSULTATION. Carlos Canet will review your facts and advise if there is some grounds for dismissal of your case.

13-005898CF10A (Singhal) 10/30/2015, Count I: Possession of Hydrocodone (Voluntary Dismissal); Count II: Possession of Cannabis (Voluntary Dismissal)

This client was stopped by the “Raiders” unit of the Broward Sheriff’s Office supposedly for committing several traffic violations. The client as in the vehicle with his wife and child. The police removed the client and and wife from the vehicle at gunpoint and held them in custody while his vehicle was search by a drug sniff dog. The police all claimed that the dog was very experienced, has excellent “credentials” and was never wrong. According to the police the dog alerted to the inside of the vehicle and the narcotics were found. Mr Canet filed a motion to suppress based upon the inconsistencies presented by the police concerning the dog search. Through cross examination of the officers it was demonstrated that there were several problems with the police version of the search. The court agreed and GRANTED the motion to suppress all evidence. The state later announced a VOLUNTARY DISMISSAL of all charges.

Criminal Defense Firm Fort Lauderdale
Palm Beach DUI Lawyer

May 2013 (Miller)(Palm Beach County); VOLUNTARY DISMISSAL

The client was a professional pilot. He also worked as a flight instructor. The company he work for had him fly one of the company aircraft to the Dominican Republic for repairs. After a week in the DR, the client flew the aircraft back to the United States. He landed in West Palm Beach in order to refuel on his way back to Chicago. While in Palm Beach, the Sheriff’s Office and the DEA became suspicious and had the plane search by drug dogs. The dogs alerted and found 17 kilos of cocaine. The client was questioned at length and repeated that he was totally unaware that the aircraft carried drugs. The case was filed as two counts. Trafficking in cocaine with a 15 year minimum mandatory prison sentence and conspiracy to traffic in cocaine also with a 15 year minimum mandatory prison sentence. Mr Canet negotiated a reasonable bond so that the client could remain free while the case was fought. After exhaustive investigation, a C4 sworn motion to dismiss and a motion to suppress all evidence were filed with the court and scheduled for hearing. Prior to the hearing the State announced a VOLUNTARY DISMISSAL and the client was free of all charges.

08/15/07 2006CF 651 (Howard) Count I: DWLS (Habitual) (DISMISSED), Count II: Poss. Of Cannabis (DISMISSED)

This client was stopped while driving to Inverness in Citrus County. He was stopped because the officer following him ran the tag of the vehicle. The dispatcher came back with information that the registered owner of the vehicle had a Habitual Traffic Offender revocation. The client was stopped and arrested. Post arrest, the officer questioned the client’s girlfriend concerning the presence of drug sin the vehicle and thereafter found marijuana. Mr. Canet filed pretrial motions contesting the legality of the initial stop, the admissibility of the cannabis and the client’s statement to police. Upon consideration of these issues the STATE AGREED TO A MOTION TO DISMISS.

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More Cases

Records Kept Since 2000

This client was originally charged in 1985. He left the country and a warrant for his arrested was issued and remained active for over 20 years. The client eventually returned and moved to Tampa. He was stopped for a routine traffic infraction and the warrant came up. He was immediately taken into custody. Despite the age of the warrant, Mr. Canet was able to convince the trial judge to release the client pending trial. Mr. Canet investigated the case and determined there was no way the State could proceed with the prosecution. Mr. Canet continually announced ready for trial and waited for the State to eventually announce a VOLUNTARY DISMISSAL.

The client was involved in a serious vehicle accident. The first officers at the scene determined that he should be investigated for DUI. A BSO DUI Task Force unit was requested. A DUI investigator responded to the scene and had the client perform field sobriety exercises on video. The client was arrested and transported to the BSO BAT Facility where he agreed to provide a breath sample and blew over the limit. Mr. Canet filed a Motion To Suppress all the evidence obtained by law enforcement based upon no probable cause. The motion was heard and GRANTED by the trial judge. The State immediately took an appeal that was defended by Mr. Canet. Ultimately, the State VOLUNTARILY DISMISSED its appeal. And, later VOLUNTARILY DISMISSED the case.

This client was allegedly observed traveling at a high rate of speed traveling southbound on I-95 in the area of Sheridan Street. He was pursued by veteran officer and DUI investigator Lawrence Burgess of the Hollywood Police Department. The pursuit continued all the way to Ives Diary Road in Dade County. The moment the client was stopped he was immediately arrested and charged with Reckless Driving. The officer had allegedly observed the client cutting off other vehicles and nearly causing an accident. After the client’s arrest for Reckless Driving he was thereafter investigated for DUI and that charge was added. Mr. Canet filed a Motion To Suppress all the evidence gathered after the client’s arrest for Reckless Driving. A hearing took place where Mr. Canet cross examined the officer on the issue of Reckless Driving. The Judge thereafter GRANTED the motion and the State did not appeal. The State offered to reduce the DUI charge to CARELESS DRIVING with no adjudication and DISMISS the Reckless Driving charge. The client decided to accept.

This client was allegedly observed traveling at a high rate of speed traveling southbound on I-95 in the area of Sheridan Street. He was pursued by veteran officer and DUI investigator Lawrence Burgess of the Hollywood Police Department. The pursuit continued all the way to Ives Diary Road in Dade County. The moment the client was stopped he was immediately arrested and charged with Reckless Driving. The officer had allegedly observed the client cutting off other vehicles and nearly causing an accident. After the client’s arrest for Reckless Driving he was thereafter investigated for DUI and that charge was added. Mr. Canet filed a Motion To Suppress all the evidence gathered after the client’s arrest for Reckless Driving. A hearing took place where Mr. Canet cross examined the officer on the issue of Reckless Driving. The Judge thereafter GRANTED the motion and the State did not appeal. The State offered to reduce the DUI charge to CARELESS DRIVING with no adjudication and DISMISS the Reckless Driving charge. The client decided to accept.

This client was allegedly observed backing out his vehicle from a parking space in the Hard Rock Hotel & Casino employee parking lot. The client hit another vehicle and was stopped by bystanders who called the police. Upon arrival the client was investigated for DUI and arrested. Mr. Canet filed several pretrial motions contesting the legality of the arrest. During the hearing on the motion to suppress the State entered a VOLUNTARY DISMISSAL.

This client was stopped by Davie police officers for allegedly racing another vehicle in the northbound lanes of South University Drive. The police had stopped only the client’s vehicle. Once contact was made a DUI Investigator was called to the scene. The client was offered roadside exercise but declined and was promptly arrested. At the station he agreed to a breath test and his results were well over the limit. Mr. Canet had, as part of his investigation, discovered that the Davie Police Department had been using tap water instead of distilled water to conduct their agency inspections on the Intoxilyzer 5000. FDLE regulations required the use of distilled water. In April and July, 2005 a lengthy hearing was held before all the judges of the County Court and two Circuit Court judges to determine whether the use of tap water constituted a violation of the regulation that required suppression of the breath test results. In this case the Judge agreed the violation was substantial and excluded the breath test results. The Judge was affirmed on appeal and the results remained excluded. The case was set for trial. The State eventually offered a settlement that the client accepted. The DUI was reduced to Reckless Driving with no adjudication and only a short term of mail-in probation and the Racing charge was dismissed.

This client was stopped by an officer of the Plantation Police Department for Speeding on University Drive. The actual stop, however, took place south of State Road 84. The stop location was in Davie. Mr. Canet filed a Motion To Suppress For Lack of Jurisdiction. The State called both of its officers in the case. At the close of the State’s presentation, Canet argued that jurisdiction had not been established and the Judge agreed and granted the motion. The State did not appeal and entire case was DISMISSED.

This client was involved in a one vehicle accident. He had driven his father’s truck into someone’s front yard damaging their landscaping. The client fled the scene on foot. Officers investigating the incident met the client at his home. They confronted him and got him to admit that he had been driving and had wrecked the truck. Mr. Canet filed a Motion To Suppress the client’s statements to police. He argued that the admissions had been coerced. The Judge agreed and granted the motion. The State did not appeal and the case was DISMISSED.

This client was on his way home after dinner in Lauderdale By The Sea. He turned down his street and observed that LBTS officers had conducted a traffic stop and were blocking the road. The client then drove around the traffic stop and was stopped himself. The officers had stopped the other driver and had called a BSO DUI Task Force member to investigate that driver for DUI. While the first driver was being video taped the client drove by and the stop of his vehicle was recorded. The officer who stopped the client was a sergeant. The Sgt. turned the client over to another officer that was present and that officer made all the usual DUI observations. A BSO DUI Task Force investigator already present was called to investigate the client. The client performed roadside exercises on video and was arrested. Mr. Canet filed a Motion To Suppress the traffic stop and presented the video of the other driver as part of his case. The Judge watched he video and agreed the stop was invalid and granted the motion. The State did not appeal and the case was DISMISSED.

This client was observed by an off-duty City of Sunrise police officer drive his vehicle into an apartment complex parking lot. The off-duty officer did not recognize the client or his passengers and though that was suspicious. He called an officer of the Coral Springs Police Department to respond. That officer arrived located the client’s vehicle and parked behind it so that it could not leave. She testified, however, that she had not turned on her overhead lights. Mr. Canet filed a Motion To Suppress the initial detention and argued that there had been no reasonable suspicion of criminal activity. The Judge agreed and granted the motion. The State did not appeal and the case was DISMISSED.

This client was arrested after it was alleged that he had pulled a gun on another driver at a MacDonald’s drive-thru. This client had maintained from the start that it had been in defense of his friend. Mr. Canet, based upon that theory filed a Sworn Motion To Dismiss. The State, before the motion was heard, voluntarily dismissed the case. The State would not let go its pursuit of the client and re-filed as an amended charge. The State aggressively and continually attempted to coerce this client to plead guilty. However, Mr. Canet advised this client not to give in despite the State’s threats. Eventually, the State voluntarily DISMISSED the amended charge as well.

This client was stopped by Sunrise police officers. He was observed driving towards the officers on the wrong side of the road. One officer followed the client for at least 4 miles. The officer alleged that the client was driving at a fast rate of speed and running red lights along the way on Oakland Park Boulevard. The client was eventually stopped and arrested for DUI. The client agreed to provide a breath sample and was well above the legal limit. Mr. Canet announced ready for trial and the State decided to offer the client a brief county jail sentence because they were afraid to try the case without the breath test technician being present for trial. The offer was rejected and the State voluntarily DISMISSED.

This client was stopped by Hollywood PD officers for failing to maintain a single lane. The officers made the usual DUI observations and added the odor of marijuana. The vehicle was searched and marijuana was found. Mr. Canet filed a Motion To Suppress For Lack of Probable Cause. The State conceded the motion and the client accepted the dismissal of the marijuana charge and a reduced charge of Reckless Driving with no conviction.

This client was stopped by a police officer who recognized his vehicle and knew that his license was suspended for a prior DUI arrest. Mr. Canet filed a Motion To Suppress the initial stop. The officer, at the hearing initially testified that he know it was the client who was driving the vehicle. However, when Mr. Canet cross examined the officer he admitted that he did not get a look at the driver. Mr. Canet successfully argued that the officer had no reasonable suspicion for the stop. The Court GRANTED the motion. The State did not appeal and the case was DISMISSED.

This client was stopped by officers of the Davie Police Department as he was traveling south on South State Road 7. The officer that stopped him had stated that the client was following him too closely and that was why the stop was made. Mr. Canet filed a Motion To Suppress the traffic stop. The officer was cross examined on issue of whether the client was actually violated the statute. Mr. Canet was able to establish through the questions and answers that he not. The Judge agreed no offense had been committed. The motion was GRANTED. The State did not appeal and the case was DISMISSED.

The client, according to police reports was operating his motorcycle eastbound on State Road 84 in Davie. The client allegedly drove through the intersection at University Drive and put the motorcycle down. The client was injured and his passenger left the scene to get medical help. A witness had observed the entire incident and called police. Fire Rescue transported the client to the hospital. A Davie police officer responded to the hospital and concluded that the client was impaired due to alcohol and order a blood draw. The client’s result were over .20%. Mr. Canet filed a Motion To Suppress the Blood Alcohol Results. He argued to the Court that the officer had no probable cause to order the draw and that otherwise no statutory authority existed that would allow the officer to order the draw. The Court agreed and the results were SUPPRESSED. State did not appeal and the case was DISMISSED.

This client was stoped for driving on the wrong side of the roadway. Mr. Canet filed several motions that were unopposed by the State because of witness problems that could not be overcome. The State was forced to DISMISS the case.

This client was stopped by veteran Hollywood Police officers, including dedicated DUI Investigator Jon Cooke. The client had allegedly ran through a stop sign. The officers video taped the client performing field sobriety exercises. It was their belief that he did not perform to standards and he was arrested. Mr. Canet filed no motions in this case but instead continually announced ready for trial with the understanding that State could never prove case as charged. The State had filed an Information alleging impairment due to alcohol. However, the tests done on the client proved that he had not had any alcohol. Instead, the client was arrested because he had admitted taking other non-controlled prescription medication. State conceded and DISMISSED.

This client was stopped and arrested for DUI. BSO DUI Task Force member Deputy George Anthony investigated and arrested him. Mr. Canet stood by his announcement of ready for trial. State had witness problems and voluntarily DISMIISED. The State would not let rthis case go and later re-filed. Mr. Canet went to trial and the client was found NOT GUILTY.

This client was allegedly involved in a hit-and-run accident while traveling westbound on Broward Boulevard in Ft. Lauderale. The other persons involved in the accident followed the client and called the police with a description of his vehicle. A Ft. Lauderdale officer heard the radio dispatch and responded to the call. A few moments later, a Broward Sheriff’s Office deputy spotted two vehicles going northbound on I-95. The driver of one of the vehicles signaled for the deputy to stop the other vehicle. The deputy then initiated a traffic stop on the vehicle being driven by the client. The actual stop took place in Dania Beach. Meanwhile, the Ft. Lauderale officer responded to the scene of the traffic stop. Upon arrival, he investigated the client for DUI and arrested him. He also charged the client with Leaving the Scene of an Accident. Mr. Canet filed a Motion to Suppress for Lack of Jurisdiction. He argued to the Court that the Ft. Lauderdale officer had never been in fresh pursuit nor did he have jurisdiction to make a valid citizen’s arrest. The Court agreed and GRANTED the motion. The State did not appeal and voluntarily DISMISSED.

This client had been investigated and arrested by officers of the Plantation Police Department. Mr. Canet originally filed a Demand For Speedy Trial. Case was set outside the recapture period. The Court denied Motion For Discharge. The Case was appealed and the Judge reversed. When the case came back for trial is was DISMISSED.

This client was involved in a n accident. He was investigated arrested. He was charged with DUI with breath results above a .20 %. Mr. Canet filed a Motion To Suppress breath test results based upon no twenty minute observation. On the day of hearing the motion was GRANTED by the Court. The State appealed and lost the appeal. Later the State voluntarily DISMISSED.

Mr. Canet filed a Motion to Suppress the initial stop that was GRANTED by the Court and State did not appeal. The State later voluntarily DISMISSED.

This client was stopped by a Ft. Lauderdale police officer who stated that he was stopping nest to the curb on Federal Highway to speak to an allegedly well-known prostitute. Mr. Canet filed pre-trial Motion to Suppress the initial stop for failure to commit an infraction. Mr. Canet argued that despite the officer’s description of how the client had stopped his vehicle next to the curb no actual traffic violated was committed. The Court agreed and GRANTED the motion. The State did not appeal and voluntarily DISMISSED the case.

This client had been stopped based upon a BOLO reported by the police dispatcher. Mr. Canet filed a Motion To Suppress the initial traffic stop because the BOLO had contained insufficient information to justify the police action. The Court agreed and GRANTED the motion. The State later voluntarily DISMISSED the case.

The client was stopped, investigated and arrested for DUI. Mr. Canet filed a Motion To Suppress the initial traffic stop. It was GRANTED by the Court and the case was DISMISSED.

The client was initially stopped by officers of the Miramar Police Department after he had been observed traveling north on University Drive in Miramar. The stop of the client’s vehicle, however, took place in Pembroke Pines. The Miramar officers then summoned Pembroke Pines officers who investigated and arrested the client for DUI. Mr. Canet filed a Motion To Suppress for Lack of Jurisdiction. He argued to the Court that the reason for the initial stop was not authorized under the "Fresh Pursuit" statute. The Court agreed and GRANTED the motion. The State DISMISSED.

This client had been charged with Felony Leaving the Scene of An Accident Involving Death. His sentencing guidelines calculation called for a prison sentence. Mr. Canet, after investigation of the case, filed a Sworn Motion To Dismiss. The motion was set for hearing and before the motion was heard the State voluntarily DISMISSED.

This client was stopped by officers of the Lighthouse Point Police Department. Mr. Canet after a thorough investigation of the officer’s conduct, was able to establish that the stop was invalid. He filed a Motion To Suppress the initial stop that was GRANTED by the Court. The State did nit appeal and the case was DISMISSED. This also pursued legal action against the police for their conduct towards him.

This client was involved in an accident as she attempted to leave a Burger King parking lot. She stopped and waited for the police to arrive. Her husband then arrived at the accident scene before police and gave her his car to drive home while the husband stayed and waited for the police to arrive. The client was then observed driving erratically as she drove eastbound on Hallandale Beach Boulevard. The officer who had seen her tried to pull her over, however, the client did not stop and went straight home with the officer in pursuit. The client pulled her vehicle into her garage and the officer jumped out of her vehicle and ran in the garage as the door was closing. The officer confronted the client and a struggle ensued as the client wasbeing arrested. Mr. Canet filed a Motion To Suppress all evidence because the officer had illegally entered the client’s property. The motion was GRANTED and the State did not appeal. The case was later DISMISSED.

This client was stopped after had been observed driving on the wrong side of Federal Highway. In fact, there was a police on-scene video that showed the client driving on the wrong side of the roadway and being stopped. The client was investigated on video and was arrested for DUI. The client agreed to a breath test and blew over .20%. Mr. Canet filed a Motion To Suppress the breath test results because of administrative law irregularities with the procedures outlined on the HRS forms used by BSO to conduct the monthly maintenance on the Intoxilyzer. The Court granted the motion and the case went up on appeal. After the appeal was decided the case came back and was DISMISSED by the State due to problems with proof nine years later.

This client was charged with DUI Manslaughter after police had determined that she had killed a pedestrian as she had been leaving the Falcon Pub in Davie. The case was DISMISSED and re-filed as a misdemeanor due to issues concerning proof of causation. The case was sent to County Court. In the County Court, Mr. Canet filed a Motion To Suppress Blood Alcohol Results. The motion was GRANTED by the Court and the case was DISMISSED.

The client was stopped and arrested for DUI. Mr. Canet filed a Motion To Suppress the initial stop. The Court GRANTED the motion and the State did not appeal. The case was DISMISSED.

The client was stopped by police and arrested for DUI. Mr. Canet filed a Motion To Suppress the initial stop. The motion was GRANTED by the Court. The State voluntarily DISMISSED.