Virginia  |  Criminal Law

Legal Question

Asked on: 6/05/09, 5:26 pm

Clerical error = mistaken identity = Nolle Prosequi ???

A clerical error was made and someone has been relieved by Nolle Pros. Isn't there another term or word that should be used to remove this completely from this persons record? Should it have been Nolle Pros or ''thrown out'' completely? If thrown out, what is the word that should have been used? I'm thinking about writing to judge concerning the attorney and DA's decision not to present evidence they had to prove this was the wrong person. Nolle Pros just doesn't seem right. Nolle Pros is still on his record and has to remain for 13 months and then it is his responsibility to pay to have it expunged. I don't understand why it was Nolle Pros, being that means they still have time to get evidence to charge him, even though they know it wasn't him. It doesn't look good on his record, and shouldn't be there in the first place - except due to a clerical error (2 people - same town, same first & last name, different middle name). Thank you for your assistance!

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