Nolle prosequi is a Latin term used in legal documents to indicate that the prosecution or plaintiff will not pursue the case. It can be entered at any time after charges are filed, and reasons for dropping a case include innocence, inability to prove the case, and fundamental defects. Care is taken before requesting nolle prosequi, as a judge may cancel the request and insist on hearing the trial.
The Latin term “nolle prosequi” is a formal entry in a judicial document indicating that the prosecution or plaintiff does not intend to pursue the matter. Nol-pros or nol pro, as it is sometimes known, can be entered any time after the charges are filed, until a verdict is delivered. In some legal systems, once a case has gone to trial, permission from a judge may be required to enter into nolle prosequi and dismiss the case.
There are a number of reasons a civil plaintiff or prosecutor might decide to drop a case after it has been filed in court. One reason is a demonstration of innocence. For example, if a prosecutor receives information that someone who has been accused of robbery categorically did not commit the crime, he will ask to dismiss the case, as there is no point in prosecuting someone who is innocent.
Another reason may be a situation where a case cannot be proven. This can sometimes be difficult to discern before charges are filed, and charges may still be filed even when a case is moderately weak, in the hope that further supporting material can be gathered to make the case stronger and worth bringing. forward to court. However, if it becomes apparent that the case will be difficult to prove, the prosecution or plaintiff will drop the case and the record will carry a nolle prosequi note to indicate that the charges have been dropped.
Even the demonstration of the existence of fundamental defects in the case presented can be a reason for no prosecution. This can occur during the trial as the prosecutor or plaintiff gets a chance to see the other side in action. If, for example, a witness is discredited in the dock and that witness is the key to the case, a nolle prosequi may be filed because the case is too flawed to pursue.
This term, which translates as “we are not willing to prosecute,” is one of many Latin terms that continue to be used in legal practice. Care is taken before requesting the insertion of a nolle prosequi note so that charges can be dropped. The person dropping the charges doesn’t want to make a mistake and drop a case that actually has legal standing and would be worth pursuing. In some cases, a judge may cancel the request and insist on hearing the trial anyway.
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