Whats is difference between NOLLE PROSEQUI or Dismissed?

Asked almost 3 years ago - Chicago, IL

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

Attorney answers (4)

  1. David Lee

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . 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.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more
  2. Mitchell Scott Sexner

    Pro

    Contributor Level 17

    Answered . 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

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    Attorney Mitchell S. Sexner
    Mitchell S. Sexner & Associates LLC /s
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  3. John M. Kaman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

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

  4. Stephen J. Isaacs

    Contributor Level 12

    1

    Lawyer agrees

    Answered . 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... more

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