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Technically, one cannot be arrested when a case is nol prossed (nolled, nollied). Actually, though, one COULD be arrested again, if the proper paperwork has not arrived where it should (the clerk's office, the sheriff's office, the probation office, etc.).

If a new case has been filed on the same incident, one can be arrested again.

Additional: The final sentence of the first answer is absolutely correct.

Just because the prosecutor declines to prosecute the offense you were charged with (Nolle Prosequi), does not make it 'go away.' A Nolle is NOT a court dismissal of the case, and in the event subsequent information or evidence comes to light, you can be re-arrested on that same charge. This is NOT double jeapordy.

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13y ago
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2w ago

Being nolled means that the charges have been dropped and the case has been closed. Typically, once a case is nolled, there should not be further legal action or arrest related to those specific charges. However, in rare instances, if new evidence emerges or the prosecution reopens the case, there is a possibility that the person could be arrested again. It is advisable to seek legal advice if there are concerns about potential re-arrest.

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Q: How can one be arrested when case is nolled?
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