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Simple English definitions for legal terms
nol. pros.
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A quick definition of nol. pros.:
A nolle prosequi is a fancy Latin phrase that means a prosecutor doesn't want to continue with a criminal charge against someone. It's like saying "never mind" and the charges are dropped. Sometimes, this means the person can't be charged again for the same thing. The prosecutor can do this at any time before the sentence is given, but in some places, they need permission from the court or a good reason to do it.
A more thorough explanation:
Definition: Nolle Prosequi is a Latin term that means "to be unwilling to prosecute." It is a formal entry made by a prosecutor on the record indicating that they will no longer pursue a criminal charge against the defendant. This entry acts as a dismissal of the charges, usually without prejudice.
For example, if a prosecutor decides to drop charges against a defendant due to lack of evidence, they may enter a nolle prosequi on the record.
In some states, a nolle prosequi after jeopardy attaches amounts to an acquittal and a bar to prosecution. This means that if the prosecutor enters a nolle prosequi after the defendant has been acquitted, they cannot be charged with the same crime again.
Generally, a prosecutor can enter a nolle prosequi at any stage after indictment and until the imposition of a sentence. However, some states, like Michigan, require that the prosecutor obtain the court's permission to nolle prosequi charges. In other states, like Arkansas, the prosecutor must show good cause to obtain the court's permission.