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, a case that was nolle prossed can potentially be reopened if new evidence emerges or if there were errors in the legal proceedings. However, it typically requires a strong justification as reopening a nolle prossed case is not common.
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.
Typically, an arrest that has been nolle prossed (dismissed by the prosecutor) may still appear on a criminal background check. However, the final disposition of the case should indicate that the charges were dismissed. It is recommended to review the background check results carefully and provide an explanation if needed.
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.
"Nolle prosequi" is a legal term meaning the prosecution will not pursue the case.
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.