0
What else can I help you with?
How many felony cases are dimissed by federal and state prosecutors?
Prosecutors can choose to Nolle Prosse a criminal charge but they do not have the power or authority to dismiss a charge. Only judges can dismiss a charge. I seriously doubt that any statistics are kept on the number of state AND federal charges nationwide that are Nolle Prosse'd.
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.
Can commercial burglary charges be dropped?
Not too likely, unless the prosecutor Nolle Prosse's your case, or you work out a plea bargain with them.
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.
Criminal case dismissed. Will it be reopened. How long could DA wait for reopening it. Is there any risk of trying to expunge the arrest record now?
There are several means by which cases can be "dismissed." After a case has been actually presented to court, a judge can do two of them: 'Dismissal WITH Prejudice' and 'Dismissal WITHOUT Prejudice." WITH prejudice means that the prosecutor CANNOT re institute the charge again. WITHOUT prejudice means that the prosecutor CAN re-institute the charges if a minor correction to the case is made to correct a minor legal defect. ALSO - the prosecutor, for whatever reason, may NOLLE PROSSE a case before it is even presented to court. A Nolle Prossed case CAN be re-instituted without double jeopardy being involved. Make certain you know in which way your case was handled and disposed of. It is VERY important.
Why can't a traffic court judge offer to the defendant case dismissed vs nolle prosequi?
A traffic court judge typically cannot offer to dismiss the case outright because it is ultimately the prosecutor's decision to bring or drop charges. However, a nolle prosequi decision by the prosecutor means they are choosing not to prosecute, effectively leading to the case being dismissed without prejudice, allowing for the possibility of charges being refiled later if needed.
Can a case be dropped at a pre-trial conference?
Yes, the prosecutor, at their discretion, may decide, for whatever reason, to Nolle Prosse a charge. However - this is NO assurance that the charge won't be re-instituted. Nolle Prossing a charge and then later on re-instituting it does not constitute double jeopardy.
Can a criminal case be dismissed at a pretrial conference in Kentucky?
It is possible - however listen carefully to how the judge dismisses it (WITH prejudice or WITHOUT prejudice) It makes a BIG difference. It is also possible that the State could Nolle Prosequi a case at this stage.
What happens when your case is nolle Prosequi?
Nolo Prosequi, nolle prosequi, nolle prosse = "no prosecute." This means that the Prosecutor has decided not to prosecute the case. This could be in exchange for a pretrial intervention offer (one where if you complete certain objectives and are not arrested for anything during this period of time of about six months average, your case will not proceed in court on charges), or simply because there is no likelihood of successful prosecution of the case. It could also be the result of the prosecutor agreeing to drop other charges in exchange for a guilty plea of the main charge.
What is considered a dropped case?
If a case is "Nolle Prosequied" by a prosecutor, that is considered a "dropped" case. A dropped case is different from a dismissed case. Only a judge can 'Dismiss" a case.
What is dismissal without leave by DA mean?
Not totally familiar with that exact terminology, but it sounds like you're referring to a Nolle Prosequi.
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.
