A 'nol. pros.' (short for 'nolle prosequi') is a prosecutor's formal dismissal or dropping of criminal charges against a defendant.
In normal language you would also say " dismissal " instead of " nol. pros. "
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"Nol. pros." is a legal term that stands for the Latin phrase "nolle prosequi." This term is used in the context of criminal cases when a prosecutor decides to drop or dismiss a criminal charge against a defendant.
When a prosecutor files a "nol. pros.," it means they are no longer willing to pursue the prosecution of the case. This effectively ends the criminal proceedings against the defendant, at least for the time being. It's important to note that a "nol. pros." is usually without prejudice, which means the charges can be brought back at a later time if the prosecutor chooses to do so.
The decision to file a "nol. pros." can happen at any stage of the criminal case, from after the initial charges are filed up until the point of sentencing. In some states, the prosecutor may need to obtain permission from the court before they can file a "nol. pros.," while in other states, the prosecutor has more discretion to make this decision on their own.
The reasons a prosecutor might choose to file a "nol. pros." can vary. It could be that they've determined there is insufficient evidence to prove the case, or that the circumstances have changed in a way that makes prosecution no longer appropriate or feasible. Sometimes, a plea bargain agreement is reached, and the prosecutor will file a "nol. pros." on the original charges as part of that agreement.
For the defendant, a "nol. pros." can be a relief, as it means the criminal charges against them have been dropped. However, it's important to understand that a "nol. pros." is not the same as an acquittal or a dismissal with prejudice, which would permanently clear the defendant's record. The charges could potentially be brought back at a later time.
Overall, the "nol. pros." is a legal tool that gives prosecutors flexibility in handling criminal cases, allowing them to drop charges when they deem it appropriate, while still preserving the option to potentially pursue the case again in the future if new evidence or circumstances arise.
Here are some examples of how the term "nol. pros." might be used in various legal contracts:
Plea Bargain Agreement: "As part of the plea bargain, the prosecutor agreed to file a 'nol. pros.' on the original charges of burglary and theft, and the defendant pleaded guilty to a reduced charge of criminal trespass."
Deferred Prosecution Agreement: "The deferred prosecution agreement stipulates that if the defendant completes the required rehabilitation program, the prosecutor will file a 'nol. pros.' on the drug possession charges."
Settlement Agreement: "The settlement agreement included a provision that the plaintiff would not pursue any further legal action, and the defendant would file a 'nol. pros.' on the original lawsuit."
Pretrial Diversion Program: "Upon successful completion of the pretrial diversion program, the prosecutor agreed to file a 'nol. pros.' on the charges of simple assault, allowing the defendant to avoid a criminal conviction."
Dismissal of Charges: "After reviewing the evidence, the prosecutor determined that there was insufficient proof to proceed with the case and filed a 'nol. pros.' to dismiss the charges of fraud against the defendant."
Plea Bargain in Domestic Violence Case: "As part of the plea bargain, the prosecutor agreed to file a 'nol. pros.' on the original charges of domestic violence, and the defendant pleaded guilty to a reduced charge of disorderly conduct."
"Nol. pros." is a legal term that stands for "nolle prosequi," which means "to be unwilling to pursue" in Latin. It refers to a decision by a prosecutor to drop or dismiss a criminal charge against a defendant.
When a prosecutor decides to use "nol. pros.," it means they are choosing not to move forward with the prosecution of a criminal case. This can happen for various reasons, such as lack of evidence, witness unavailability, or a decision that the charges are not worth pursuing.
The decision to use "nol. pros." is made by the prosecutor or district attorney's office responsible for the criminal case. They have the authority to drop charges or dismiss a case if they believe it is the appropriate course of action.
An acquittal is a legal verdict where a defendant is found not guilty of the charges they were facing. In contrast, "nol. pros." is a decision by the prosecutor to drop the charges, rather than a determination of the defendant's guilt or innocence by a judge or jury.
Prosecutors may choose to use "nol. pros." in a variety of situations, such as:
When a case is dismissed through "nol. pros.," it means the defendant is no longer facing criminal charges for that particular incident. However, the dismissal does not necessarily mean the defendant is completely exonerated, as the prosecutor may still have the option to refile charges in the future if new evidence or information becomes available.
In most cases, a defendant does not have the right to appeal a prosecutor's decision to use "nol. pros." and dismiss the charges. The decision to drop the case is generally within the prosecutor's discretion and not subject to appeal by the defendant.
The consequences of a "nol. pros." decision can vary, depending on the specific circumstances of the case. While the defendant may avoid a criminal conviction, the dismissal may still have some impact, such as remaining on their record or affecting their ability to expunge or seal the case in the future.
The use of "nol. pros." is relatively common in the criminal justice system, as prosecutors often have to make decisions about which cases to pursue based on various factors, such as the strength of the evidence, the severity of the alleged crime, and the available resources.
In some cases, a prosecutor may decide to reinstate charges that were previously dismissed through "nol. pros." if new evidence or information becomes available. However, this is generally a rare occurrence, as prosecutors typically aim to make well-informed decisions when using "nol. pros."
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