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How do you nolle prosse a case and then get indicted on the same case?
Wiki User
∙ 14y ago
YOU don't Nolle Prosse a case, the prosecutors office makes that decision. Nolle Prosse, means, "I decline to prosecute." The reason the prosecutor may decline to prosecute may be due to some legal deficiency he sees in the case that might cause it to be thrown out or lost. If the police can, later, deliver more evidence or otherwise strengthen the original case, the prosecutor CAN re-institute the nolle prossed case and indict you.
Wiki User
∙ 14y ago
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Does Nolle Prosse mean the same as dismiss without prejudice?
No, only the prosecutor can issue a Nolle Prossequi (I decline to prosecute) - and only a judgecan issue a dismissal.
Can the federal government pick up a nolle prosequi case?
No, the federal government cannot pick up a nolle prosequi case because when a prosecutor declares nolle prosequi, it usually means they are dropping the charges at that level. The federal government could potentially pursue charges separately if they have jurisdiction over the case.
How can one be arrested when case is nolled?
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.
Can the state's attorney drop charges or a case against a child molestor if the victim doesn't agree to it?
Yes. A prosecutor may Nolle Prosequi (decline to prosecute) a case if they believe the facts or evidence in the case do not (or are insufficient to) support a successful prosecution or, to do so, would result in a miscarriage of justice.A Nolle Prosequi does not necessarily mean that they will NEVER consider prosecuting the alleged offense, it only means that the facts or evidence currently available are insufficient to carry out a prosecution.Further: It is not a permanent ruling, and it does NOT trigger 'double jeopardy"If additional information becomes available with which to bolster the case, it does not rule out the possibility that the same charges may be re-instituted against the defendant for the same offense.
How do you reverse a no bill?
If a Grand Jury hands down a "No Bill" there is very little, if anything, that can be done other than the prosecutor Nolle Prossing the case or asking law enforcement to reinforce their case with more evidence or probable cause. If that does, in fact, happen then the same, or enhanced, charges can once again be presented to the GJ.
If you were recently convicted for drugs and 2 years down the line you get indicted for conspiracy can those drugs you were recently convicted for be used as evidence of the conspiracy case?
If the investigation disclosed that the two were part and parcel of the same continuing offense, yes.
What are the laws needed to follow when being indited in TX?
The same laws for those who are indicted anywhere else.
What is dismissed or not prosecuted mean as a court disposition?
The effect is the same with regard to the defendant, but these events take place at different parts of the process. If the state decides not to prosecute (called a nolle prosequi), the case never reaches the court. A case is dismissed by the court after someone has been charged and the court either finds there is insufficient evidence to prove the charge, or on a motion from one of the parties to the case.
Can a grand jury issue more than one true bill of indictment?
Sure - if the defendant is charged with more than one offense, he may be indicted on more than one charge by the same Grand Jury during the same session. (Think the Bernie Madoff case.)
How many time can a person be charged with same crime?
Only once, it is illegal to be tried for the same thing.Another View: If the jury rendered a verdict of not guilty in the initial court case, OR the case was Dismissed WITH Prejudice, the defendant can NOT be re-tried.However, if the case was Nolle Prossed, or Dismissed WITHOUT Prejudice, or the jury in the first trial was deadlocked and/or a mistrial was declared - THEN the defendant MAY be re-tried.
What does it mean when a criminal case has been dismissed?
It means that the judge dismissed your charges. The prosecution will dismiss the charges when they cannot proceed in good faith or they cannot prove the case beyond a reasonable doubt at trial. Usually because there was a problem with a piece of evidence or the availability of a witness. Sometimes cases are dismissed during plea negotiations when a person will plead to one case in exchange for the dismissal of another. Sometimes the evidence unfolds and there is doubt that the person charged is really the one that committed the crime. Be carefeul, just because the judge dismissed your case doesn't mean they can't re-file charges against you, but that rarely happens.Added; Judges DISMISS charges - Prosecutors NOLLE PROSEQUI charges.
What if you are out on bail and then grand jury indictment can you be rearrested on same charges?
An indictment is a charging document. If a person was already out on bail and then indicted, the indictment would be for new charges.
