Dismissal or Nolle Prosequi

Nolle prosequi (often abbreviated as "nolle prosse") is a Latin legal term that means "to be unwilling to pursue."  It refers to a prosecutor's decision to dismiss charges against a defendant voluntarily. When a prosecutor enters a nolle prosequi, it essentially means that they are choosing not to proceed with the prosecution of the case.

There can be various reasons for a prosecutor to enter a nolle prosequi, including:

• Insufficient Evidence: If new evidence comes to light or if the existing evidence is found to be weak or insufficient, the prosecutor may decide not to proceed with the case.

• Witness Issues: If key witnesses become unavailable or uncooperative, it may impact the prosecutor's ability to present a strong case, leading to a decision to drop the charges.

• Legal or Procedural Issues: If there are legal or procedural problems with the case, such as violations of the defendant's rights, the prosecutor may choose to drop the charges.

• Successful Completion of Diversion:  Sometimes, but not all, if a defendant successfully completes a diversion or deferred prosecution program, it will result in a dismissal of charges in exchange.

It's important to note that a nolle prosequi is different from an acquittal. An acquittal typically occurs after a trial when a judge or jury finds the defendant not guilty. In contrast, a nolle prosequi happens before or during the legal proceedings, and it involves the prosecutor's decision to stop pursuing the case.

While a nolle prosequi results in the dismissal of charges, it does not prevent the possibility of the charges being refiled in the future if new evidence emerges or circumstances change. The decision to enter a nolle prosequi is within the discretion of the prosecuting attorney, and it requires approval from the court.

If you or someone you know has questions about a nolle prosequi or dismissal of a case, contact Howeller Law P.L.L.C. today. Consultations are always free.