Search results
Results from the WOW.Com Content Network
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
The effect of granting this motion meant that Klopfer was not completely free of charges. When a case is normally halted on a prosecutor's motion for nolle prosequi, a judge's approval is required to restart proceedings. In North Carolina at the time, a court granting a nolle prosequi with leave motion implicitly granted this permission ahead ...
[a] Prosecutors may dismiss charges in this situation by seeking a voluntary dismissal or nolle prosequi. Wayte v. United States 470 U.S. 598 (1985) [9] said: In our criminal justice system, the Government retains "broad discretion" as to whom to prosecute.
Both cases involve dismissals “without prejudice,” an important legal distinction. Opinion - Dismissal of Trump’s criminal cases does not prevent future prosecutions in 2029 Skip to main content
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
nolle prosequi: not to prosecute A statement from the prosecution that they are voluntarily discontinuing (or will not initiate) prosecution of a matter. / ˈ n ɒ l i ˈ p r ɒ s ɪ k w aɪ / nolo contendere: I do not wish to argue A type of plea whereby the defendant neither admits nor denies the charge. Commonly interpreted as "No contest ...
A "motion for nolle prosequi" ("not prosecuting") is a motion by a prosecutor or other plaintiff to drop legal charges. n. n. Latin for "we do not wish to prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the ...
Prosecutors subsequently filed nolle prosequi with the court to drop all charges against Syed. [81] Young Lee, Hae Min Lee's brother, appealed the decision, arguing that, as a victim, he had not been given sufficient notice of the hearing and that he had not been given an adequate opportunity to speak or testify. [82]