Nolle prosse is the disposition of a case after a declaration by the prosecution of nolle prosequi. This means that the prosecution has declined to pursue charges against the defendant, although they may retry at a later date.
It is derived form a Latin phrase (Nolle Prosequi = No prosecution) and describes a decision/action taken by the prosecutor when they choose not to prosecute a case.
This is an opinionated question. Any charges can be nolle prossed for many reasons by the state attorney (prosecutor).
Nolle prossed (NOLE pross'ed) means DISMISSED. Nolle prossed means nolle prosequi, or no prosecuting. This means that the prosecutor decided not to prosecute the case, either because he's not likely to win or because the Defendant completed a pre-trial intervention program. So the case is dismissed.
The terms are NOT synomymous.A 'dismissal" is issued by a judge and is exactly what the word implies - the charge is dismissed.WHEREAS when a charge is Nolle Prossed it means that the prosecutor (for whatever reason) declines to present it to the court or prosecute it. The charge does not 'go away' and the 'Nolle' is entered in the records as the disposition of the charge.
Yes. Nolle Prossequi is only a case dispostion, not a finding of 'no guilt' or 'a pardon' and does not address the arrest.
See below link for the legal definition of 'Nolle Prosequi.' I'm not certain that the term is used in the military justice system.
If you were indicted for a crime, then it wasn't for the charge that was Nolle Prossed. Nolle Prosequi means that prosecution was declined. If they declined to prosecute for the offense then you would never have been indicted - UNLESS - you were indicted by a "Special Grand Jury" who, independent of the prosecutor's office, was investigating a specific area of interest, and found your offense met their criteria.
Nolle Prossed ("Nolo Prosequi") means not prosecuted, meaning the prosecutor declined to prosecute the case. While this means that the case CANNOT be reopened once it's closed, charges can be refiled if later there is enough evidence to proceed. If the case was nolle prossed in exchange for a pretrial offer (Pre-trial intervention, or restitution for a bad check, etc.), then once the conditions of the pre-trial offer is met within a certain period of time without any arrests, the case is closed forever.
If your plea bargain is successful, the original (usually more severe) charge is Nolle Prossed by the prosecutor in exchange for a guilty plea to a lesser offense.
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.
Yes you can if the state you live in offers Expungements. Nolle prossed cases just mean that the prosecutor did not pursue the case for whatever reason therefore the charges would be dropped against you.Normally they can bring the charge back if new information comes to light within a year.After that you should be ok. Nolle prose is a Non Conviction term used in courts! As long as you have NO convictions on your record-you should be able to file for an Expungement!!
The record of your arrest for that particular offense will continue to exist and your criminal history will reflect the fact that the charge was Nolle Prossed. If that is the situation, you may petition to have that record expunged from your criminal history record.
The legal term "Nolle Prosequi" means "Do not prosecute". It means that the prosecute has decided not to prosecute the charge.