Dismissal: Difference between revisions
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People | People sometimes believe that because their case was dismissed that they have won their position or were found not guilty. To dismiss a case is sometimes called ''Nolle prosequi'' which is a Latin idiom meaning “will no longer prosecute”. | ||
''Nolle prosequi'' amounts to a dismissal of charges by the ''prosecution''. | ''Nolle prosequi'' amounts to a dismissal of charges by the ''prosecution''. | ||
When a prosecution invokes ''nolle prosequi'', | When a prosecution invokes ''nolle prosequi'', sometimes called “nol prossed”, they may simply be discontinuing prosecution. They may be doing this “in the interests of justice”) or because of lack of time, lack of evidence, or new evidence, or failure to obtain sufficient cooperation of witnesses, or to continue prosecution is not expedient or just or inconvenient... the prosecution or the judge may simply feel they have better things to do at this time. | ||
''Nolle prosequi'' not an acquittal, which (through the principle of double jeopardy) prevents further proceedings against the defendant for the conduct in question. The normal effect of ''nolle prosequi'' is to leave matters as if charges had never been filed if it occurs before trial begins such as in a hearing. | ''Nolle prosequi'' not an acquittal, which (through the principle of double jeopardy) prevents further proceedings against the defendant for the conduct in question. The normal effect of ''nolle prosequi'' is to leave matters as if charges had never been filed if it occurs before trial begins, such as in a hearing. | ||
''Nolle prosequi'' leaves the decision of whether to re-prosecute at a later time in the hands of the government. If the prosecution decides to bring charges again—for example, after it’s gathered more evidence—it must file a new charging document.<Ref>People v. Daniels, 187 Ill. 2d 301 (1999), Kenyon v. Com., 37 Va. App. 668 (2002).</Ref> | ''Nolle prosequi'' leaves the decision of whether to re-prosecute at a later time in the hands of the government. If the prosecution decides to bring charges again—for example, after it’s gathered more evidence—it must file a new charging document.<Ref>People v. Daniels, 187 Ill. 2d 301 (1999), Kenyon v. Com., 37 Va. App. 668 (2002).</Ref> | ||
If the dismissals | If the dismissals are filed "with prejudice" the prosecution can’t ever re-file charges, but if a dismissal or ''Nolle prosequi'' is filed "without prejudice" it means the opposite and prosecution may begin at the government's discretion. | ||
== Footnotes == | == Footnotes == | ||
<references /> | <references /> | ||
[[Category:Articles]] | |||
[[Category:Definitions]] | |||
Revision as of 22:38, 28 July 2023
People sometimes believe that because their case was dismissed that they have won their position or were found not guilty. To dismiss a case is sometimes called Nolle prosequi which is a Latin idiom meaning “will no longer prosecute”.
Nolle prosequi amounts to a dismissal of charges by the prosecution.
When a prosecution invokes nolle prosequi, sometimes called “nol prossed”, they may simply be discontinuing prosecution. They may be doing this “in the interests of justice”) or because of lack of time, lack of evidence, or new evidence, or failure to obtain sufficient cooperation of witnesses, or to continue prosecution is not expedient or just or inconvenient... the prosecution or the judge may simply feel they have better things to do at this time.
Nolle prosequi not an acquittal, which (through the principle of double jeopardy) prevents further proceedings against the defendant for the conduct in question. The normal effect of nolle prosequi is to leave matters as if charges had never been filed if it occurs before trial begins, such as in a hearing.
Nolle prosequi leaves the decision of whether to re-prosecute at a later time in the hands of the government. If the prosecution decides to bring charges again—for example, after it’s gathered more evidence—it must file a new charging document.[1]
If the dismissals are filed "with prejudice" the prosecution can’t ever re-file charges, but if a dismissal or Nolle prosequi is filed "without prejudice" it means the opposite and prosecution may begin at the government's discretion.
Footnotes
- ↑ People v. Daniels, 187 Ill. 2d 301 (1999), Kenyon v. Com., 37 Va. App. 668 (2002).