If the State noll pros a case prior to the SOL running will the state be able to refile?

yes, under the Florida Rules of Criminal Procedure they can refile under your facts. There is a constitutional right to speedy trial that could come into play www.lavelylaw.com (877) EXPERTS (877) 397-3787

The State can refile your charges anytime prior to the running of the statute of limitations. Once that date has passed, the state cannot proceed against you.

They can refile.

There is another important question that has to be addressed before your question can be fully answered. Was either a speedy trial demand filed or a notice of expiration of the natural speedy trial period filed prior to the State's nolle prosse? If so, they may not be able to refile the case, unless they refile it within the "speedy" trial window. If you like, please feel free to call me directly at 305-333-6967, to email me at [email protected], and/or to visit my website (http://www.maitlaw.com) in order to contact me via my website's contact form. I will happily give you a free consultation and answer any questions that you may have.

Yes, they can. But, the clock should start ticking on the speedy trial issue again.