A Palm Beach County, Fla. judge granted Kraft's motion to suppress video evidence on Monday. Kraft is currently facing two misdemeanor charges from his visits to the Orchids of Asia Day Spa in Jupiter, Fla.
Kraft's attorney William Buruck released a statement on the prosecution's appeal on Friday.
"[Palm Beach County prosecutor David] Aronberg is acknowledging he has no case without the illegal video recordings that four Florida judges have now found to be unconstitutional," Buruck wrote, according to ESPN's T.J. Quinn. "No evidence means no trial."
The Patriots owner earned a key legal victory with Monday's ruling. The Palm Beach judge deemed the video in Kraft's case illegally obtained and therefore inadmissible in court, according to ESPN's Adam Schefter.
Kraft was first charged with soliciting prostitution on Feb. 22.