Nolle Prosequi
Definition
A formal decision by the prosecution to discontinue proceedings against a defendant, often recorded as an entry in the court record. It can occur at any point before judgment and does not bar re-prosecution in all jurisdictions.
- Meaning
- Prosecution formally discontinues proceedings
- Timing
- Can occur at any point before judgment
- Effect on refiling
- Does not bar re-prosecution in every jurisdiction
Common questions
Does a nolle prosequi mean the defendant is acquitted?+
No, it is a discontinuation, not a verdict on the merits, so it carries different double-jeopardy consequences than an acquittal, and depending on the jurisdiction and timing the prosecution may be able to refile the same charges later.
Who decides to enter a nolle prosequi?+
The decision rests with the prosecution, sometimes requiring the court's leave depending on the jurisdiction and stage of proceedings, rather than being a determination made by the judge or jury.
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