What does it mean if I received a Nolle prosequi or Nolle pros for my charge?
Nolle Prosequi [Latin, Will not prosecute.] The term nolle prosequi is used in reference to a formal entry upon the record made by a plaintiff in a civil lawsuit or a prosecutor in a criminal action in which that individual declares that he or she wishes to discontinue the action as to certain defendants, certain issues, or altogether. Sep 15, · The Latin term nolle prosequi means to “be unwilling to pursue,” and is used in the criminal legal system to signify that the prosecution is discontinuing, or will not prosecute. In simple terms, nolle prosequi amounts to a voluntary dismissal of criminal charges by .
By Micah SchwartzbachAttorney. It amounts to a dismissal of charges by the prosecution. Rather, they simply use the term dismissal. The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it. The prosecution may nol pross all charges against the defendant prosequii only some.
In others, the prosecution can unilaterally dismiss charges. Example: Wee is arrested for assault with a firearm. Officers take statements from two witnesses who say they saw him fire a gun at someone walking down the street. What does a gas furnace cost reading the police reports, the local prosecutor decides to press charges.
Weeks later, officers find the weapon underneath a garbage dumpster near the place of the shooting. Forensic testing reveals the fingerprints of someone other than Wee on the weapon. The prosecution nol prosses the charges. The normal effect of nolle prosequi is to leave matters as if charges had never been filed. Rather, at least when it occurs before trial, nolle prosequi typically leaves the decision of whether to re-prosecute in the hands of the government. People v. DanielsIll. However, dismissals are sometimes "with prejudice.
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Reasons to Dismiss
Definition of nolle prosequi: an entry on the record of a legal action denoting that the prosecutor or plaintiff will proceed no further in an action or suit either as a whole or as to some count or as to one or more of several defendants Examples of nolle prosequi in a Sentence. Jun 25, · A nolle prosequi or nolle pros is a form of dismissal of a criminal charge. This guide helps explain the impact of a nolle prosequi or nolle pros. These two terms are used interchangeably. When does the prosecutor seek a nolle prosequi / nolle pros? Koll Center Pkwy, Pleasanton, CA Nolle prosequi is a Latin phrase meaning “will no longer prosecute” or a variation on the same. It amounts to a dismissal of charges by the prosecution. Some states, like New York, for example, don’t use the phrase.
In Virginia, nolle prosequi means a case was dismissed by the prosecution, according to Nolo. Whether to dismiss a case is within the prosecutor's discretion. The defendant has no right to a dismissal. A dismissal by nolle prosequi is different from an acquittal, explains Nolo. If a defendant is acquitted, then that individual cannot be prosecuted again because the constitutional prohibition against double jeopardy applies.
For nolle prosequi, double jeopardy does not apply. An individual can be retried for the same offense a second time, so long as the prosecutor issues another charging document, such as a warrant or an indictment.
If nolle prosequi is granted and ordered, the individual may request an expungement of the charge and proceedings from official record under Virginia law. To expunge the charge, the individual must file a petition with the circuit court clerk where the prosecutor granted and the court ordered the dismissal.
The individual must then provide a set of fingerprints to law enforcement, and law enforcement cross references these prints with records from a national database, the Central Criminal Records Exchange.
If the prints are clean, then the court will decide whether having the dismissal on public record is prejudicial. However, the petitioner is entitled to an expungement if there are no prior arrests and the original charge was a misdemeanor.
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