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nolle prosequi
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nolle prosequi
(Latin)


As long a jury trial has not been commenced, the entry of a nolle prosequi the legal protection against double jeopardy will not automatically bar the charges from being brought again in some fashion.
  law:  a term used in many jurisdictions to describe the prosecutor’s voluntary dismissal of criminal charges
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Notes:
Generally, the application to "nolle" or "nol pros" a case is made after the filing of an information or indictment, when the prosecutor representing the state’s interest is of the opinion that an adjudication of the charges is not in the interest of the public and/or that the available and admissible evidence is not sufficient to satisfy a jury beyond reasonable doubt. In most circumstances, the court with jurisdiction to hear the case must adjudicate on the application for nolle prosequi, thus finding the defendant not guilty of all charges. To determine where the public interest lies, more often than not, a motion for "nolle prosequi" indicates that the prosecution does not want to pursue the case any further (be it a civil and/or criminal case). In the essence of the United States’ jurisprudence, this motion is usually filed due to the innocence of the defendant, hence, "innocent until proven guilty." In a reasonable court of law, a motion for "nolle prosequi" is only granted if it is concluded the defendant is indeed innocent. In conclusion, this means the prosecution knows it does not have enough evidence (or any evidence) that a crime has been committed, and therefore must consider the accused/defendant innocent. The charges can be reinstated if new information comes to light or the circumstances of the case change during a given period of time, typically 13 months.

http://en.wikipedia.org/wiki/Nolle_prosequi  (retrieved 9/26/08)
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Samples:
  • As long a jury trial has not been commenced, the entry of a nolle prosequi the legal protection against double jeopardy will not automatically bar the charges from being brought again in some fashion.
  • An order of nolle prosequi, founded on his well authenticated state of intoxication on the evening of the ambush, had set him at liberty.
    Victor Hugo  --  Les Miserables
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Associated words [difficulty]:   nolle prosequi , certiorari [8] , plea bargain [7] , without prejudice [8] , summary judgment [9]
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Most commonly used in these subjects:   Law
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