The term "Nolle Prosequi (or Nolle Pros)" is a Latin phrase that translates to "not willing to prosecute or pursue". It is a formal notice of voluntarily abandoning a prosecution without a conviction. It is also a form of dismissal of a criminal charge. In legal terms, it is a discretionary power
granted to prosecutors, allowing them to voluntarily drop charges
against a defendant. The principle dates back centuries and reflects a
recognition that circumstances may arise, such as insufficient evidence
or changing priorities, where prosecuting a case is no longer deemed
appropriate.
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. Usually, the entry of a Nolle Prosequi is an admission that the charges cannot be proved or that evidence has demonstrated either innocence of the accused or a fatal flaw in the prosecution's claim. It is not an acquittal, which prevents further proceedings against the defendant for the conduct in question. Also, if a charge against an accused has been resolved by a nolle prosequi, then the charge is considered dismissed unless or until a prosecutor brings a direct indictment.
In the legal context, it refers to a prosecutor's decision to voluntarily drop charges or cease prosecution against a defendant. When a prosecutor enters a nolle prosequi, it means that they are choosing not to pursue the case any further.
This decision may be based on various reasons, such as insufficient evidence, new information that weakens the case, or a reassessment of the priorities of the prosecutor's office. Essentially, it indicates a prosecutor's acknowledgment that they do not have a strong enough case to proceed with the prosecution.
It's important to note that a nolle prosequi is not a dismissal with prejudice. When charges are dismissed with prejudice, it means that the case cannot be brought back to court. In contrast, a nolle prosequi allows the prosecutor to potentially refile charges in the future if new evidence emerges or circumstances change. However, in practice, cases that are nolle prossed are often not pursued again unless there are compelling reasons to do so.
The use of nolle prosequi varies by jurisdiction, and the specific procedures and implications may differ depending on local laws and regulations.
This decision may be based on various reasons, such as insufficient evidence, new information that weakens the case, or a reassessment of the priorities of the prosecutor's office. Essentially, it indicates a prosecutor's acknowledgment that they do not have a strong enough case to proceed with the prosecution.
It's important to note that a nolle prosequi is not a dismissal with prejudice. When charges are dismissed with prejudice, it means that the case cannot be brought back to court. In contrast, a nolle prosequi allows the prosecutor to potentially refile charges in the future if new evidence emerges or circumstances change. However, in practice, cases that are nolle prossed are often not pursued again unless there are compelling reasons to do so.
The use of nolle prosequi varies by jurisdiction, and the specific procedures and implications may differ depending on local laws and regulations.
Prosecutorial Discretion of Nolle Prosequi
Nolle Prosequi embodies the concept of prosecutorial discretion, empowering prosecutors to make informed decisions about whether to continue pursuing a case. This discretion is crucial for ensuring a fair and just legal system, as it enables prosecutors to assess the strength of their case and consider factors such as the availability of evidence, witness credibility, and the overall public interest.
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