Latin for “we shall no longer prosecute.” At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge’s permission to “nol-pros” a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated “nol. pros.” or “nol-pros.”
(no-lay pro-say-kwee) n. Latin for “we shall no longer prosecute,” which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution’s claim or the district attorney has become convinced the accused is innocent. Understandably, usage of the phrase is rare. In the 1947 courtroom movie, Boomerang! the climactic moment arrived when the District Attorney himself proved the accused person innocent and declared nolle prosequi.
Nolle Prosequi is a Latin legal term meaning “to be unwilling to prosecute.” It refers to a prosecutor’s decision to voluntarily drop or dismiss charges against a defendant.
A prosecutor may file a Nolle Prosequi for various reasons, including lack of evidence, witness unavailability, legal or procedural issues, or a determination that prosecution is not in the public interest.
After a Nolle Prosequi is filed, the charges against the defendant are dropped, and the case is dismissed. The defendant is no longer subject to prosecution for the specific charges mentioned in the Nolle Prosequi.
In many jurisdictions, charges can be refiled after a Nolle Prosequi is filed, provided that the statute of limitations has not expired and there are no legal barriers to refiling the charges.
No, a Nolle Prosequi does not necessarily mean that the defendant is innocent. It simply means that the prosecutor has chosen not to pursue the charges at that time for various reasons.
In some cases, a defendant or their attorney may request that the prosecutor file a Nolle Prosequi, particularly if there are compelling reasons to dismiss the charges or if new evidence comes to light that undermines the case.
No, a Nolle Prosequi is not the same as an acquittal. An acquittal occurs when a defendant is found not guilty after a trial, while a Nolle Prosequi involves the voluntary dismissal of charges by the prosecutor before or during trial.
A Nolle Prosequi does not result in a conviction or guilty plea, so it generally does not appear as a conviction on the defendant’s criminal record. However, records of the arrest and charges may still exist unless expunged or sealed.
In some jurisdictions, victims may have the right to be notified of and object to a Nolle Prosequi, particularly in cases involving serious offenses or if the victim’s input is considered in the prosecutor’s decision-making process.
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: 29th March 2024.
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