I had a DUI charge in 1992 leveled against me even though my BAC was half (.05/.1) the legal limit. My Atty got the prosecution to drop the case Nolle Prosequi, and I had to pay for a broken tail light and legal fee's. To this day I'm mad as hell about it, and have at time considered reopening the case, and plead not guilty. IF I was to do that, what do you think my chances would be of an acquittal? Would the State come at me looking for jail time? That is the ONLY criminal complaint I have ever had, and my driving record is very good. No I'm not crazy, just pissed after all these years. Happened in Roselle which is known for that sort of thing.
There is no practical difference between a nolle pros and a not guilty. You cannot reopen the case because it is a criminal charge which the State, by entering a nolle pros with leave of court, refused to prosecute. You cannot compel the State to prosecute you. You do understand, do you not, that an acquittal is not an exoneration? All it means is that your guilt was not established beyond a reasonable doubt. You won this case twelve years ago and are going nowhere with it now.
For all practical purposes, you already got a not guilty.
Nolle Prosequi is the prosecutor voluntarily dismissing the case. You won. There is no reason to "reopen" the case even if you could (which you can't).
I'm not sure why you feel it would be necessary to consider such an action. If the case was dismissed, file a petition to expunge the record.
Don't be angry- you won your case.
A Nolle Prosequi is a dismissal at the State's request with the ability for the State to re-file, or reinstate the charge. The State, however, may only reinstate the charge within the applicable Statute of Limitations, which for a Class A misdemeanor is 18 months. A Nolle Prosequi that is not re-filed within the Statute of Limitations is equivalent to a dismissal with prejudice, meaning the State can never re-file that case. The fact that the case was Nolle Prosequi indicates to most persons familiar with criminal law that the case was weaker than a case that proceeded all the way to trial and resulted in an acquittal. The State, for all intents and purposes, admitted they could not convict you of the charge.
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