Nolle Prosequi
Literal meaning: “To be unwilling to pursue”
What does the Latin term "Nolle Prosequi" mean in law?
Nolle prosequi (often abbreviated nol pros) is a formal entry on the record by the prosecuting attorney declaring that criminal charges against the defendant will not be pursued further. Unlike a dismissal with prejudice or an acquittal, a nolle prosequi does not necessarily bar the prosecution from refiling charges at a later date, subject to the applicable statute of limitations and double jeopardy protections. The decision to enter a nolle prosequi rests within the prosecutor's broad discretion and is generally not subject to judicial review, though some jurisdictions require leave of court. In practice, prosecutors enter a nolle prosequi for a variety of reasons, including insufficient evidence, witness unavailability, or the pendency of more serious charges arising from the same conduct.
Source: Criminal · Legal Latin
Legal Definition
Nolle prosequi (often abbreviated nol pros) is a formal entry on the record by the prosecuting attorney declaring that criminal charges against the defendant will not be pursued further. Unlike a dismissal with prejudice or an acquittal, a nolle prosequi does not necessarily bar the prosecution from refiling charges at a later date, subject to the applicable statute of limitations and double jeopardy protections. The decision to enter a nolle prosequi rests within the prosecutor's broad discretion and is generally not subject to judicial review, though some jurisdictions require leave of court. In practice, prosecutors enter a nolle prosequi for a variety of reasons, including insufficient evidence, witness unavailability, or the pendency of more serious charges arising from the same conduct.
How It's Used
Prosecutors file a nolle prosequi when they determine that continuing with the prosecution is not in the interest of justice or is not feasible. Defense attorneys must understand that a nol pros generally does not provide the same finality as a dismissal with prejudice or an acquittal.
Example Sentences
The district attorney entered a nolle prosequi on the misdemeanor charges after the defendant agreed to plead guilty to the felony count.
Defense counsel moved to convert the nolle prosequi into a dismissal with prejudice, arguing that the prosecution had used the nol pros to circumvent speedy trial requirements.
The court noted that the prosecution's entry of nolle prosequi did not bar refiling of charges within the statute of limitations period.