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  1. #1
    Join Date
    Dec 2009
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    Angry What Does Nolle Prosequi Mean

    My question involves criminal law for the state of: Theft over 500$ dollars.

    I charged with theft over 500$ like a year and a half ago by my ex boyfriend. There was no evidence against me. It's was a his word against mine type of case. But in Maryland, that amount is a felony charge. The case never went to trial and it was deemed Nolle Prosequi. Problem is, I'm not sure what it means except I know it can be taken off my record. Can someone please tell me what it means and if I can be "recharged" later for this? That's my main concern. I recently ran into this ex and I'm worried he's going to try to stir up trouble for me again. So, is it possible to be recharged with this crime after nolle prosequi? Any help would sure help me sleep a lot better!

  2. #2
    Join Date
    Dec 2009
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    Default Re: What Does Nolle Prosequi Mean

    Quote Quoting Ange
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    My question involves criminal law for the state of: Theft over 500$ dollars.

    I charged with theft over 500$ like a year and a half ago by my ex boyfriend. There was no evidence against me. It's was a his word against mine type of case. But in Maryland, that amount is a felony charge. The case never went to trial and it was deemed Nolle Prosequi. Problem is, I'm not sure what it means except I know it can be taken off my record. Can someone please tell me what it means and if I can be "recharged" later for this? That's my main concern. I recently ran into this ex and I'm worried he's going to try to stir up trouble for me again. So, is it possible to be recharged with this crime after nolle prosequi? Any help would sure help me sleep a lot better!

    Nolle prosequi

    Nolle prosequi (pronounced /ˈnɒli ˈprɒsəkwaɪ/;[1] Latin: [ˈnolːe ˈproːsekwiː]) is a Latin legal phrase meaning "to be unwilling to pursue."[2] It is the term used in many common law criminal jurisdictions to describe a prosecutor's application to discontinue criminal charges before trial, or up until, but before verdict.


    Explanation
    Nolle prosequi is a Latin term meaning "to be unwilling to prosecute".

    It is a declaration made by a prosecutor in a criminal case or by a plaintiff in a civil lawsuit either before or during trial, meaning the case against the defendant is being dropped. The declaration may be made because the charges cannot be proved, the evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim, or the prosecutor no longer thinks the accused is guilty, and/or the accused has passed away. It is generally made after indictment, but is not a guarantee that the person will not be reindicted.

    In civil cases, a nolle prosequi may be entered as to one of several counts or to one of several defendants. In a criminal case, it has been held improper for a court to enter an order of nolle prosequi on its own without a motion by the prosecutor. As long a jury trial has not been commenced, 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.

    Nolle prosequi is similar to a declination of prosecution, which is an agreement not to prosecute which may be made by an attorney, but also by aggrieved party. In contrast, nolle prosequi is usually made after a decision to prosecute has already been made. A declination of prosecution may be made for many reasons, such a weak evidence or conflict of interest.


    sound that your out of trouble...i hope you learn your lesson..happy holidays

    http://en.wikipedia.org/wiki/Nolle_prosequi

  3. #3
    Join Date
    Dec 2009
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    3

    Default Re: What Does Nolle Prosequi Mean

    Thank you for your clarification on the term. Although I'm still a bit unclear as to if he can try to have to the charges brought up on me again. As I said, it's been over a year. Is there a way I can find out what reason it was deemed Nolle Prosequi?

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    Default Re: What Does Nolle Prosequi Mean

    There are a number of reasons why a charge might be nolle prossed. The least favorable to the defendant is that the prosecutor is concerned about the quality of the evidence and dismisses in order to get more time to investigate the case without violating the defendant's speedy trial rights (or having the court schedule a trial before the renewed investigation is complete).

    More commonly the prosecutor decides that the case cannot be made, and neither the police nor prosecutor commit any more time to the matter post-dismissal. That doesn't mean that charges could not be again filed if new evidence is discovered, but that would be unusual.

    Did you have a lawyer for the charge? If so, your lawyer should have a pretty good sense of the prosecutor's motivation.

  5. #5
    Join Date
    Dec 2009
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    3

    Default Re: What Does Nolle Prosequi Mean

    Yes, I did have an attorney and I also had the copy of the police statement my ex gave. He is a truck driver and his truck has GPS for his company to monitor all the time. In his police statement he said he was home when this supposidly happened, my attorney had his GPS records pulled from his truck that showed he was in route and not at home for days. He did this because he was mad that I left and he has a criminal record 2 miles long. I have nothing on my record at all aside from a few speeding tickets. I have never done anything like this nor would I. He later called the states attorney and requested the charges to be dropped but he would use them against me and say he would drop them if I came back. He's in jail right now for other things he did and I don't want him to sit in there and stew over the fact that I'm not around anymore(really I'm not that damn important...lol)and decide to try to call the states attorney and try to have to whole damn thing brought back up. There was no evidence against me at all, especially since my lawyer had proved his police statement to be a lie from the start.

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