A nolle prosequi is a sophisticated Latin expression indicating that a prosecutor no longer wishes to pursue a criminal charge against an individual. It is akin to saying “never mind” and results in the charges being dismissed. In certain cases, this also prevents the person from being charged again for the same offence. The prosecutor has the authority to take this action at any point prior to the sentencing, although in certain jurisdictions, court approval or a valid justification may be required.
The term “Nolle Prosequi” is a Latin phrase that signifies the unwillingness of a prosecutor to pursue a criminal charge. It is an official declaration made by the prosecutor on the record, indicating that they will no longer proceed with the case against the defendant. This declaration serves as a dismissal of the charges, typically without prejudice. For instance, if a prosecutor decides to drop charges against a defendant due to insufficient evidence, they may enter a nolle prosequi on the record. In certain states, a nolle prosequi after jeopardy attaches is considered an acquittal and prevents further prosecution. This means that if the prosecutor enters a nolle prosequi after the defendant has been acquitted, they cannot be charged with the same crime again. Generally, a prosecutor can enter a nolle prosequi at any point between indictment and the imposition of a sentence. However, in some states like Michigan, the prosecutor must obtain the court’s permission to nolle prosequi charges. In other states, such as Arkansas, the prosecutor must demonstrate good cause to obtain the court’s permission.
“Nol. pros.” is short for “nolle prosequi,” which is a Latin term meaning “to be unwilling to pursue.” It is a legal term used to indicate that the prosecution is unwilling to proceed with the case.
The prosecution may file a nol. pros. for various reasons, such as lack of evidence, witness unavailability, or a change in circumstances that makes it impractical to continue with the case. It essentially means they no longer wish to pursue the charges against the defendant.
Yes, a nol. pros. can be filed at any stage of the criminal proceedings, including before trial, during trial, or even after a conviction has been obtained. However, the specific rules and procedures for filing a nol. pros. may vary depending on the jurisdiction.
If a nol. pros. is filed, the charges against the defendant are typically dropped, and the case is dismissed. The defendant is no longer required to stand trial or face any further legal consequences related to the charges.
In some cases, the prosecution may have the option to refile charges after filing a nol. pros. However, this would generally require new evidence or a significant change in circumstances that justifies reopening the case. It is not a common occurrence.
Yes, the defence can request a nol. pros. in a criminal case if they believe there are valid reasons to dismiss the charges. However, it is ultimately up to the prosecution to decide whether to file a nol. pros.
No, a nol. pros. is different from an acquittal. An acquittal is a formal finding of not guilty by a judge or jury, whereas a nol. pros. is a decision by the prosecution to drop the charges. An acquittal generally provides more protection against future prosecution than a nol. pros.
Typically, a nol. pros. cannot be appealed since it is a discretionary decision made by the prosecution. However, if there are procedural irregularities or constitutional violations in the nol. pros. decision, it may be possible to challenge it through appropriate legal channels.
No, a nol. pros. does not appear on a person’s criminal record. Since the charges are dropped and the case is dismissed, there is no conviction or guilty finding associated with a nol. pros.
Generally, a nol. pros. cannot be used as evidence in future legal proceedings. It does not establish guilt or innocence, and it simply reflects the prosecution’s decision to no longer pursue the charges.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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