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Whats is difference between NOLLE PROSEQUI or Dismissed?

Chicago, IL |

I was told told case will be dismissed but I see this, is this the same meaning?

Attorney Answers 4


  1. Nolle prosequi means the prosecutor has abandoned his case for lack of proof and it is thereby dismissed.


  2. Nolle Prosequi means the State will not proceed in prosecution. However, just because a case is nolle pros, does not preclude the State from refiling charges or enhancing the charges at a later time.

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  3. According to Wikipedia:

    "It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered."

    " Nolle prosequi as a declaration can made by a prosecutor in a criminal case either before or during trial, resulting in the prosecutor declining to further pursue the case against the defendant."

    "Courts seldom challenge applications for nolle prosequi, typically judges in the U.S. will sign a dismissal order prepared by the prosecution or make a docket entry reflecting the case has been "nolle pros'ed" after a declaration or motion by the prosecution."

    "A withdrawal of the original claim by way of nolle prosqui is not an adjudication on the merits of the claim and thus in a criminal case is not a guarantee that the defendant will not be later re-indicted."

    "The entry of a nolle prosequi as a disposition is, by itself, not an adjudication on the merits of the prosecution or on the guilt or innocence of the accused, and the legal protection against double jeopardy will not automatically bar the charges from being brought again."

    This answer is for informational purposes only. DO NOT rely on it as legal advice. Many times there are not sufficient facts to properly respond to a question. Nothing in this answer should be construed as creating an Attorney-Client relationship. If you need legal advice, you should contact a licensed attorney.


  4. Nolle Prosequi is a voluntary motion by the prosecution to drop the charge(s). Once the motion is granted, you will often hear the Judge say, "case dismissed;" however, a true dismissal is different in that the Judge is the one dismissing the case, absent the prosecutor's input. s

    Sincerely,

    Attorney Mitchell S. Sexner
    Mitchell S. Sexner & Associates LLC /s
    Defending your rights since 1990
    1 (800) 996 -4824
    Email: : msslawoffices@sbcglobal.net
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    Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.o

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