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Nolle Prosequi

On Lawyer & Legal » criminal law & procedure

1,845 words with 3 Comments; publish: Fri, 26 Aug 2005 21:40:00 GMT; (800281.25, « »)

:confused: I live in New Mexico. The DA has filed a NOLLE PROSEQUI in regards to a friends case. Everything I have found says it means they can't or won't prosecute for one reason or another. The document also states that they intend to refile this as a felony criminal information. I am under the impression that they did/do not have enough information to prosecute in the first place. I am confused. Any thoughts are welcome.

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  • 3 Comments
    • Does anybody know how long is the status of limitation on a Nolle Prosequi judgement/order in VA? In other words, how long can the prosecuting attorney have to open the case again. 1 yr, 2 yr . . . ? Is there a reliable source of information on this on the internet?

      thanks

      #1; Wed, 01 Nov 2006 15:53:00 GMT
    • Usually, charges will be dismissed or something like that. So not sure about the statement of intention to file later. Maybe Putting it on hold but believe at some point in future there will be enough evidence to refile. Who knows?

      Nolle Prosequi

      (no-lay pro-say-kwee) Latin meaning we shall no longer prosecute. The prosecution issues this declaration during a criminal case (or by a plaintiff in a civil lawsuit) before or during the trial to indicate that the case against the defendant is being dropped. Such statements are issued when it is determined that the charges cannot be proved, the evidence has established innocence, there is a detrimental flaw in the prosecutions claim, or the district attorney was convinced of the innocence of the accused. Usage of the phrase is rare. In the 1947 courtroom movie, Boomerang! the climactic moment arrived when the District Attorney himself proved the accused person innocent and declared nolle prosequi.

      #2; Tue, 30 Aug 2005 09:51:00 GMT
    • You posted on a really old thread. You can get reliable links to state laws at Findlaw.com . Once you get there, click on Cases & Codes. Then select your state.
      #3; Wed, 01 Nov 2006 17:14:00 GMT