Nolle Prosequi
What is nolle prosequi?
Nolle prosequi, or nolle pros'd, means that a senior prosecutor, such
as the Solicitor General of the US, Attorney General of a state, a
State Attorney, or a District Attorney enters a request order of
reasoning to the court, which states an 'unwillingness to pursue' a
charge, indictment, or 'true bill' from a grand jury, against a
defendant prior to trial, or verdict.
This determination of entry protects the civil liberties of the
defendant, yet leaves the same indictment open at a future date, for
the prosecution to pursue the same charges against the defendant,
should the instant facts alter.
When might a prosecutor decide to take
this action?
A prosecutor enters the request for determination to the court, when
witnesses refuse to testify, faint evidence, charges cannot be proved,
fatal flaws in the case, accused has died, conflict of interest, or the
evidence proves the innocence of the defendant. Senior prosecutors
enter this declaration, in some arenas, to protect statute of
limitations, and prevent other junior prosecutors or police charges
from moving forward against a defendant, with a weak case.
Is this terminology used in every
state in the US?
Some states use the terminology, 'Confessions of Judgment.' Other
states apply, 'Satisfied Damages by Defendant.'
What is the literal translation?
The prosecution, in finding that a defendant, is not, or can not be
proven to be guilty of an indictment, or a 'true bill' from a grand
jury, protects its position by declaring to the court that the case has
been brought prematurely, or that overall the innocence of the
defendant weighs heavier than his guilt.
A host of other reasoning for this entry signed by the court, can be
sought in this order. A larger scope of the setting shows that the
prosecution pursued a faint approach to charge the defendant. These
prosecution papers are submitted prior to a trial and verdict. An
underlying reason can be stated for the nolle prosequi that the
prosecution moves to keep the case for another time.
The prosecution, in nolle prosequi, maintains a proper legal standing,
and avoids violating the defendants rights should the order not be
entered. In some states, by requesting the court to determine the facts
of entry, the prosecution confesses and admits that its judgment to
pursue the accused (with a weak case) can waste the courts time.
Sometimes with agreement of defendant
This order, in some cases, is with the agreement of the defendant. In
nolle prosequi, the prosecution prevents any liberties from being
destroyed towards the accused. The prosecution does not dismiss or
acquit for the defendant in this entry, nor is the record erased.
The prosecution engages in this pursuit as a roadblock or sorts, for a
chance to try to defendant at a later date should the facts of the case
change.
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