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  1. #1
    Join Date
    Oct 2009
    Posts
    3

    Question What is a Nolle Prosse

    I have read conflicting definitions of Nolle pros. It would apear that my lawyer misguided me as well for that matter.

    so here is the question.

    Is a entry of Nolle Pros in anyway like an aquittal?

    I have seen arguments saying yes and others saying no and both sides have posed valid points.

    My lawyer said it was just as if the case had been dissmised.

    I have read that because there is no conviction or guilty verdict that it is similar to an aquittal.

    I have read no its not because if for some off chance the state wanted to open the case again they could.

    so is it just a way to drop the charges and be done with a case without the state having to admit I am inocent and doesnt mean anything other than the charges are droped providing I dont give the state any reason to open it up again?

    this is in Florida

  2. #2
    Join Date
    Jan 2006
    Posts
    27,025

    Default Re: What is a Nolle Pros Exactly

    http://www.lectlaw.com/def2/n061.htm

    Is a entry of Nolle Pros in anyway like an aquittal?
    no. It is basically and simply dropping the case, or that part of the case.

  3. #3
    Join Date
    Oct 2009
    Location
    Los Angeles, CA
    Posts
    36

    Default Re: What is a Nolle Prosse

    Any time a prosecutor drops a case they can always open it back up. "Dropping" the case just means that for some reason the prosecutor does not want to go forward with the case any longer. A typical reason is that the prosecutor determined there was not enough evidence to prosecute. So, should they come upon additional evidence, they can always recharge you.
    An acquittal is different, because you have been declared innocent, and the prosecutor cannot recharge you.
    The reason why your lawyer said it was basically the same thing is because they usually will not end up recharging, since they usually stop investigating and don't come up with any new evidence.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: What is a Nolle Prosse

    Nolle prosse simply means the state has chosen not to prosecute the case.
    Yes, they can refile if they want but that seldom happens.

    This is different than a dismissal with prejudice which does not allow a case to be refiled. It is a dismissal without prejudice which means it can be refiled.

    Usually this happens with minor cases that are not worth prosecuting or in traffic equipment cases where the issue is corrected. Also in cases where the state simply does not have enough evidence but that is unusual.

  5. #5

    Default Re: What is a Nolle Prosse

    It does depend on which country and state as different rules apply.

    This happened in a serious case against me 2 years ago. The Prosecutor decided that there wasn't enough evidence to proceed, and stated to the Magistrate at the Committal Trial that they did not wish to present any evidence in the matter. At this stage, this is what is usually called a Nolle Prosse, and without any further intervention from the Magistrate the State can instigate proceedings at a later date should further evidence come to light.

    In my case, the Magistrate was pretty @@** off, and stated to the Prosecutor 'in that case, these charges are now fully dismissed'. This means that you can't be tried for the same charge again, in most places.

    Cheers

    KK

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: What is a Nolle Prosse

    That is different and not what you really said at first.

    Also, how accurate is your memory? I have NEVER heard a judge use that wording.

    However, if the judge said that or something similar, it could well mean the case is dismissed with prejudice. I have seen similar situations where the judge is pissed the prosecution wasted his and the defendant's time and even though the state wants a nollo pros, the judge won't let them play that game and will dismiss it outright which means with prejudice, so it can't be refiled.

    I had a case years ago that was so bad at the conclusion of the state's case, the judge actually broke out laughing and dismissed it without us even having to present any defense or file a motion.

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