Prosequi refers to the act of pursuing or following up, as well as suing or prosecuting. Nolle prosequi, on the other hand, is a legal notification indicating that a lawsuit or prosecution has been abandoned. This notification is recorded as a docket entry, signifying that the plaintiff or prosecution has chosen to discontinue the legal action. Nolle prosequi is an official declaration made by the prosecuting officer, stating that they will not proceed with the case any further. While it results in a judicial determination in favor of the accused and against their conviction, it should not be mistaken for an acquittal or a pardon.
To pursue or prosecute; to sue or bring legal action. See NOLLE PROSEQUI. NOLLE PROSEQUI is a legal notice indicating that a lawsuit or prosecution has been dropped. It is an official entry made by the prosecuting officer, declaring that they will no longer pursue the case, either for certain counts of the indictment, a portion of a divisible count, some of the accused individuals, or entirely. This determination favors the accused and goes against their conviction, but it is not an acquittal and does not equate to a pardon. For instance, the prosecutor chose to prosequi the case against the defendant. The state issued a nolle prosequi, abandoning the charges against the accused. The first example demonstrates the verb form of “prosequi,” meaning to pursue or prosecute a case. The second example showcases the use of “nolle prosequi” as a legal notice indicating the abandonment of a case by the prosecution.
– “Prosequi” is a Latin term meaning “to discontinue” or “to not prosecute.” In legal terms, it refers to a prosecutor’s decision to drop charges against a defendant.
– In some cases, charges can be refiled after a prosequi if new evidence or circumstances arise. However, it is not guaranteed and depends on the specific circumstances of the case.
– “Prosequi” and “nolle prosequi” both refer to the decision to not prosecute, but “prosequi” is typically used before trial, while “nolle prosequi” is used after charges have been filed.
– In some cases, a defendant can request a prosequi, but it is ultimately up to the prosecutor to decide whether to drop the charges.
– After a prosequi, the defendant is typically released from custody and the charges against them are dropped.
– In most cases, a prosequi cannot be appealed because it is a decision made by the prosecutor, not the court.
– Prosecutors consider various factors when deciding to prosequi a case, including the strength of the evidence, the likelihood of conviction, and the interests of justice.
– A prosequi can potentially be used as evidence in a civil case, but its relevance and admissibility would depend on the specific circumstances of the case.
– In some jurisdictions, a prosequi can be expunged from a defendant’s record, but the process and eligibility requirements vary by state.
– In rare cases, a prosequi can be reversed if new evidence comes to light or if there are procedural errors in the decision-making process. However, this is uncommon and requires significant legal action.
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: 17th April 2024.
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