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What does nolle prossed mean in Florida?

Fort Myers, FL |

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Had a bench warrant issued, but the warrant can no longer be found.

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Posted

This simply means the State dropped a charge or decided not to file a charge.

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James Regan

James Regan

Posted

Just to clear it all up, since translations are like opinions, here is what Black's Legal Dictionary 2010 says: nolle prosequi (nahl-ee prahs-É™-kwI), n. [Latin "not to wish to prosecute"] (17c)1. A legal notice that a lawsuit or prosecution has been abandoned. [Cases: Pretrial Procedure 511.] 2. A docket entry showing that the plaintiff or the prosecution has abandoned the action. – Often shortened to nolle. [Cases: Criminal Law 303.5—303.35.] "In America the term [nolle prosequi] bears the same meaning as in England, with one exception. The attorney-general has not the same discretion with which English law invests him. Although in some States the prosecuting officer may entera nolle prosequi at his discretion, in others the leave of the court must be obtained." 17 Encyclopaedia Britannica 546 (9th ed. 1907). "Nolle prosequi is a formal entry on the record by the prosecuting officer by which he declares that he will not prosecute the case further, either as to some of the counts of the indictment, or as to part of a divisible count, or as to some of the persons accused, or altogether. It is a judicial determination in favor of accused and against his conviction, but it is not an acquittal, nor is it equivalent to a pardon."22A C.J.S. Criminal Law § 419, at 1 (1989). Also, be aware that if your right to a speedy trial was never waived, the nolle prosequi by the State does not toll the speedy trial clock: FLA.R. CRIM. P. 3.191. SPEEDY TRIAL (o) Nolle Prosequi; Effect. The intent and effect of this rule shall not be avoided by the state by entering a nolle prosequi to a crime charged and by prosecuting a new crime grounded on the same conduct or criminal episode or otherwise by prosecuting new and different charges based on the same conduct or criminal episode whether or not the pending charge is suspended, continued, or is the subject of entry of a nolle prosequi.

Posted

It's Latin and often translated into English as "to be unwilling to prosecute." It means there was a charge filed, but the State elected not to proceed further.

It is different than dismissal, but often the practical effects are the same. In certain circumstances, the State could resume or re-file the charge, but that is quite rare.

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James Regan

James Regan

Posted

Just to clear it all up, since translations are like opinions, here is what Black's Legal Dictionary 2010 says: nolle prosequi (nahl-ee prahs-É™-kwI), n. [Latin "not to wish to prosecute"] (17c)1. A legal notice that a lawsuit or prosecution has been abandoned. [Cases: Pretrial Procedure 511.] 2. A docket entry showing that the plaintiff or the prosecution has abandoned the action. – Often shortened to nolle. [Cases: Criminal Law 303.5—303.35.] "In America the term [nolle prosequi] bears the same meaning as in England, with one exception. The attorney-general has not the same discretion with which English law invests him. Although in some States the prosecuting officer may entera nolle prosequi at his discretion, in others the leave of the court must be obtained." 17 Encyclopaedia Britannica 546 (9th ed. 1907). "Nolle prosequi is a formal entry on the record by the prosecuting officer by which he declares that he will not prosecute the case further, either as to some of the counts of the indictment, or as to part of a divisible count, or as to some of the persons accused, or altogether. It is a judicial determination in favor of accused and against his conviction, but it is not an acquittal, nor is it equivalent to a pardon."22A C.J.S. Criminal Law § 419, at 1 (1989). Also, be aware that if your right to a speedy trial was never waived, the nolle prosequi by the State does not toll the speedy trial clock: FLA.R. CRIM. P. 3.191. SPEEDY TRIAL (o) Nolle Prosequi; Effect. The intent and effect of this rule shall not be avoided by the state by entering a nolle prosequi to a crime charged and by prosecuting a new crime grounded on the same conduct or criminal episode or otherwise by prosecuting new and different charges based on the same conduct or criminal episode whether or not the pending charge is suspended, continued, or is the subject of entry of a nolle prosequi.

Aaron J. O'Brien

Aaron J. O'Brien

Posted

In Wilson v. Renfroe, the Florida Supreme court wrote:There can be no doubt that under the common law the Presecuting Attorney controlled the entry of a nolle prosequi, up to the time that the jury is sworn to try the cause. The words ‘nolle prosequi’ are a Latin expression which translated literally mean ‘to be unwilling to prosecute’. Under the common law of England prosecution in criminal cases were controlled by the Attorney General and he alone had the exclusive discretion to decide whether prosecution should be discontinued prior to the inception of jeopardy. In the absence of statute, the common law continues to be in force in most of the states of this country. Florida has adopted no statute on the subject. 14 Am.Jur., Criminal Law, Sec. 296. et seq; State v. Anderson, 119 Tex. 110, 26 S.W.2d 174, 69 A.L.R. 223; State ex rel. Butler v. Moise, 48 La.Ann. 109, 18 So. 943, 35 L.R.A 701. The Circuit Judge recognized this general rule but was of the view that the motion filed in the instant case was not a nolle prosequi. We are compelled to agree with the Circuit Judge. An examination of the quoted motion reveals that it was directed to the County Judge for his judicial consideration. A strange aspect which is thoroughly inconsistent with a nolle prosequi is that the motion was conditioned upon the payment of costs by the accused. Noticeably the accused did not join in the motion. [5] Headnote Citing References If a case is to be nolle prosequied for lack of evidence, the action of the Prosecutor should not be contingent on the imposition of a penalty against the accused. If there is no justification in the evidence to hold the accused for trial, there is equally a lack of justification to impose upon him the burden of paying the costs. If this ‘motion to dismiss' had been intended as a nolle prosequi it was totally unnecessary for the Prosecuting Attorney to invite the County Judge to share with him the responsibility of dismissing the cause. When the prosecuting official extended this invitation to the Judge, the latter functioned well within his discretion to inform himself adequately*860 on the subject before committing himself to the entry of an order of dismissal. Guinther v. City of Milwaukee, 217 Wis. 334, 258 N.W. 865, 103 A.L.R. 1249.

Posted

Those words are the sweetest words a person can hear, besides their own name.

It is Latin for 'we go no further' or 'we no longer prosecute.'

Legally, this means your charges are dropped!

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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James Regan

James Regan

Posted

Just to clear it all up, since translations are like opinions, here is what Black's Legal Dictionary 2010 says: nolle prosequi (nahl-ee prahs-É™-kwI), n. [Latin "not to wish to prosecute"] (17c)1. A legal notice that a lawsuit or prosecution has been abandoned. [Cases: Pretrial Procedure 511.] 2. A docket entry showing that the plaintiff or the prosecution has abandoned the action. – Often shortened to nolle. [Cases: Criminal Law 303.5—303.35.] "In America the term [nolle prosequi] bears the same meaning as in England, with one exception. The attorney-general has not the same discretion with which English law invests him. Although in some States the prosecuting officer may entera nolle prosequi at his discretion, in others the leave of the court must be obtained." 17 Encyclopaedia Britannica 546 (9th ed. 1907). "Nolle prosequi is a formal entry on the record by the prosecuting officer by which he declares that he will not prosecute the case further, either as to some of the counts of the indictment, or as to part of a divisible count, or as to some of the persons accused, or altogether. It is a judicial determination in favor of accused and against his conviction, but it is not an acquittal, nor is it equivalent to a pardon."22A C.J.S. Criminal Law § 419, at 1 (1989). Also, be aware that if your right to a speedy trial was never waived, the nolle prosequi by the State does not toll the speedy trial clock: FLA.R. CRIM. P. 3.191. SPEEDY TRIAL (o) Nolle Prosequi; Effect. The intent and effect of this rule shall not be avoided by the state by entering a nolle prosequi to a crime charged and by prosecuting a new crime grounded on the same conduct or criminal episode or otherwise by prosecuting new and different charges based on the same conduct or criminal episode whether or not the pending charge is suspended, continued, or is the subject of entry of a nolle prosequi.

Posted

It means the State Attorney's Office dropped some or all of the criminal charges. The reason why is not specifically known based on the information here. It could have been dropped for any number of reasons. Crimes should be taken seriously and so a nolle pros is a favorable outcome for a defendant, as long as the charges don't get re-filed.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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James Regan

James Regan

Posted

Just to clear it all up, since translations are like opinions, here is what Black's Legal Dictionary 2010 says: nolle prosequi (nahl-ee prahs-É™-kwI), n. [Latin "not to wish to prosecute"] (17c)1. A legal notice that a lawsuit or prosecution has been abandoned. [Cases: Pretrial Procedure 511.] 2. A docket entry showing that the plaintiff or the prosecution has abandoned the action. – Often shortened to nolle. [Cases: Criminal Law 303.5—303.35.] "In America the term [nolle prosequi] bears the same meaning as in England, with one exception. The attorney-general has not the same discretion with which English law invests him. Although in some States the prosecuting officer may entera nolle prosequi at his discretion, in others the leave of the court must be obtained." 17 Encyclopaedia Britannica 546 (9th ed. 1907). "Nolle prosequi is a formal entry on the record by the prosecuting officer by which he declares that he will not prosecute the case further, either as to some of the counts of the indictment, or as to part of a divisible count, or as to some of the persons accused, or altogether. It is a judicial determination in favor of accused and against his conviction, but it is not an acquittal, nor is it equivalent to a pardon."22A C.J.S. Criminal Law § 419, at 1 (1989). Also, be aware that if your right to a speedy trial was never waived, the nolle prosequi by the State does not toll the speedy trial clock: FLA.R. CRIM. P. 3.191. SPEEDY TRIAL (o) Nolle Prosequi; Effect. The intent and effect of this rule shall not be avoided by the state by entering a nolle prosequi to a crime charged and by prosecuting a new crime grounded on the same conduct or criminal episode or otherwise by prosecuting new and different charges based on the same conduct or criminal episode whether or not the pending charge is suspended, continued, or is the subject of entry of a nolle prosequi.

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