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Florida Law

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Posted 2 months ago

 

Hello,


I was arrested in 2001 and charged with BATTERY, the charge was dropped there was no conviction the case disposion * NOLLE PROS *, can that stop me from becoming a police officer in the state of Florida?


that was my first and last encounter with the law.


thank you!

Mardi_gras_cat_max50

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Rated +1 | Posted 2 months ago

 

Nolle Prosequi means "to not pursue."  It means the prosecutor cannot prove it's case at trial therefore drops the charge/s.


If you have a nol. pros. on your record you need to answer questions about your background honestly. You can have the record expunged but an expungement will show up on certain background checks.  All police related background checks will show all charges lodged and a disposition even if expunged. Explain to potential employers or anyone checking your background what happened and why. Always keep a copy of your court file to be able to show the outcome of the case.


As for becoming a LEO, it depends upon the circumstances of the "battery" charge (defined differently per state). Battery is defined as using force with or without a weapon and involves contact.  People confuse assault and battery.  Assault is defined as the victim fearing actual physical contact causing harm or the threat of bodily harm was conveyed in some manner without actual contact.


I hope this was helpful.


DL

02/14/2014


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Rate This | Posted 2 months ago

 

Axe the agency. Donna Lynn gives some good advice.

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DonnaLynn says ...



Nolle Prosequi means "to not pursue."  It means the prosecutor cannot prove it's case at trial therefore drops the charge/s.


If you have a nol. pros. on your record you need to answer questions about your background honestly. You can have the record expunged but an expungement will show up on certain background checks.  All police related background checks will show all charges lodged and a disposition even if expunged. Explain to potential employers or anyone checking your background what happened and why. Always keep a copy of your court file to be able to show the outcome of the case.


As for becoming a LEO, it depends upon the circumstances of the "battery" charge (defined differently per state). Battery is defined as using force with or without a weapon and involves contact.  People confuse assault and battery.  Assault is defined as the victim fearing actual physical contact causing harm or the threat of bodily harm was conveyed in some manner without actual contact.


I hope this was helpful.


Thanks Donna,


DL

02/14/2014


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uncledennis1 says ...



Axe the agency. Donna Lynn gives some good advice.


 


Thanks UncleD...once again Congrats....


 


Do you think an Agency migh use that against me? meaning not to give me the job...I always put it in my application. I got DQ by FHP for the arrest, even tho I was not convicted I don't understand it.


Fall_2007_027__2__max50

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Rate This | Posted 2 months ago

 

It's impossible for any of us to say for sure...there is a lot more at play than just that one factor, and of course the specifics of that particular incident.


For example, perhaps that agency feels that enough time has not passed since the battery charge.  Or the reason for the Nol Pros was lack of co-operation from the victim or an eye-witness.


Could there be a Florida law that prevents you from owning/possessing a firearm due to the arrest?  Maybe they only pass the top "X"% onto the next screening phase and given the arrest you're just not at the top of the list?


The hiring process for many agencies takes several steps, and anywhere along the line you could get DQ'd from the process.  But that does not mean reapplying won't yield different results.


 


 

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MetroRW30 says ...



It's impossible for any of us to say for sure...there is a lot more at play than just that one factor, and of course the specifics of that particular incident.


For example, perhaps that agency feels that enough time has not passed since the battery charge.  Or the reason for the Nol Pros was lack of co-operation from the victim or an eye-witness.


Could there be a Florida law that prevents you from owning/possessing a firearm due to the arrest?  Maybe they only pass the top "X"% onto the next screening phase and given the arrest you're just not at the top of the list?


The hiring process for many agencies takes several steps, and anywhere along the line you could get DQ'd from the process.  But that does not mean reapplying won't yield different results.


 @METRO.....Thank you so much for your rep>>>,


  I still have my Concealed W license.. thanks...


 


Mardi_gras_cat_max50

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Rate This | Posted 2 months ago

 

I'd like the whole story on this matter.  It may help us answer your questions.  Or you could call the agency or agencies you applied and ask them that way you would know for sure as to why you were disqualified.


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DonnaLynn says ...



I'd like the whole story on this matter.  It may help us answer your questions.  Or you could call the agency or agencies you applied and ask them that way you would know for sure as to why you were disqualified.



@DONNA, it was Florida Highway Patrol the investigator did not want to into details, he was like you DQ because of your arrest record. I told him that was more than 10 years ago and I was not convicted of anything, I never been arrested before or after that event, that was my first and only arrest. My X wife drop the charge she did not want to prosecute, she also mention to the arresting officer she did not want them to arrest me she didn't want me to go to jail she just want them to scare me. Well to bad for me, the officer stated it's a domestic call someone has to go to jail. it was a dispute I pushed her and she called 911, there was no physical fight.

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Deutch says ...



DonnaLynn says ...



I'd like the whole story on this matter.  It may help us answer your questions.  Or you could call the agency or agencies you applied and ask them that way you would know for sure as to why you were disqualified.



@DONNA, it was Florida Highway Patrol the investigator did not want to into details, he was like you DQ because of your arrest record. I told him that was more than 10 years ago and I was not convicted of anything, I never been arrested before or after that event, that was my first and only arrest. My X wife drop the charge she did not want to prosecute, she also mention to the arresting officer she did not want them to arrest me she didn't want me to go to jail she just want them to scare me. Well to bad for me, the officer stated it's a domestic call someone has to go to jail. it was a dispute I pushed her and she called 911, there was no physical fight.



You put hands on her that is why you were charged with battery.  That is a physical fight.  Don't minimize what happened.  And thanks for answering my question.  Now I know why you were disqualified and it's clear to me why you were not hired, no matter how long ago the incident, and should be clear to you.


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Rate This | Posted 2 months ago

 

DonnaLynn has been a law enforcement professional for quite awhile and all her answers have been quite correct and is recognized by all of us as extremely knowledgeable in this vocation.If you even broke the ladies finger it's an assault,if you bit her nose,it's an assault.There are different degrees of assault in every state ,but usually they pretty well are quite similar.This holds true even if it is a Nolle Pros,said record will still be available to any law enforcemnent agency who requests it anywhere in the country.Will you be a Police officer,is anyones guess.It depends on many contingencies.If you are applying for a larger agency there are many more things to be concerned about then just one item.You will face more oral, written,physical, and medical test than you could possibly imagine.

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DonnaLynn says ...



Deutch says ...



DonnaLynn says ...



I'd like the whole story on this matter.  It may help us answer your questions.  Or you could call the agency or agencies you applied and ask them that way you would know for sure as to why you were disqualified.



@DONNA, it was Florida Highway Patrol the investigator did not want to into details, he was like you DQ because of your arrest record. I told him that was more than 10 years ago and I was not convicted of anything, I never been arrested before or after that event, that was my first and only arrest. My X wife drop the charge she did not want to prosecute, she also mention to the arresting officer she did not want them to arrest me she didn't want me to go to jail she just want them to scare me. Well to bad for me, the officer stated it's a domestic call someone has to go to jail. it was a dispute I pushed her and she called 911, there was no physical fight.



You put hands on her that is why you were charged with battery.  That is a physical fight.  Don't minimize what happened.  And thanks for answering my question.  Now I know why you were disqualified and it's clear to me why you were not hired, no matter


 


thank you Donna...


how long ago the incident, and should be clear to you.


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SE851 says ...



DonnaLynn has been a law enforcement professional for quite awhile and all her answers have been quite correct and is recognized by all of us as extremely knowledgeable in this vocation.If you even broke the ladies finger it's an assault,if you bit her nose,it's an assault.There are different degrees of assault in every state ,but usually they pretty well are quite similar.This holds true even if it is a Nolle Pros,said record will still be available to any law enforcemnent agency who requests it anywhere in the country.Will you be a Police officer,is anyones guess.It depends on many contingencies.If you are applying for a larger agency there are many more things to be concerned about then just one item.You will face more oral, written,physical, and medical test than you could possibly imagine.


Thank you SE851.......