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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.

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