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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.
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∙ 11y ago
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How do you get a nolle pros dismissed?
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.
When someones charges are nolle prossed is it likely that they did some trading favors with the DA?
This is an opinionated question. Any charges can be nolle prossed for many reasons by the state attorney (prosecutor).
Will an arrest show on a criminal background check if nolle prossed?
Yes. Nolle Prossequi is only a case dispostion, not a finding of 'no guilt' or 'a pardon' and does not address the arrest.
Does nolle prossed stay active after being indicted?
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.
Can a case be reopened after it was nolle prossed?
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.
What does nolle prossed mean?
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.
Will dismissed expunged cases that did not result in a conviction still show on a FBI check?
If you were arrested, it will show. If you were arrested multiple times, it will show each time you were arrested and what you were arrested for but if you were acquitted of the charges then it will state that in the records.Clarification: Just because a charge was "dismissed" or "Nolle Prossed" does not mean it is automatically expuinged from your record. The record of your arrest will still exist as well as the record of the court action (i.e.: dismissed or nolle'd).You must file a formal request for expungment to have these records concealed,
What does nolled prossed mean to the military?
See below link for the legal definition of 'Nolle Prosequi.' I'm not certain that the term is used in the military justice system.
How long do it take a case that is nolle pros to be dismissed in the state of Maryland?
Technically, a case that is "Nolle Prosequied" is not 'dismissed.' It is not a finding by the prosecutor that the crime never took place. A Nolle Prosequi" is a decision by the prosecutor that (for whatever reason) they choose not to go forward with the prosecution of the offense and the case, therefore, is simply dropped. See: http://definitions.uslegal.com/n/nolle-prosequi/ ". . . . .the entry of a nolle prosequi is not an adjudication on the merits of the prosecution, and the legal protection against double jeopardy will not automatically bar the charges from being brought again in some fashion."
What impact does a plea bargain have on the original charge?
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.
How do you nolle prosse a case and then get indicted on the same case?
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.
Why can't a traffic court judge offer to the defendant case dismissed vs nolle prosequi?
Because the prosecution is the only one who can enter a nolle pros. The Judge can only dismiss if there is a legal defect with the case or if the prosecution agrees.
