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.
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 ...
Prosecutorial discretion [18] grants AGC the power to institute, conduct or discontinue any prosecution at his discretion. [19] The prosecution bears the burden of proof and is required to prove its case beyond a reasonable doubt. This means that in order for a defendant to be found guilty, the case presented by the prosecution must be enough ...
Troupis’ lawyer declined to comment but previously claimed in a motion to dismiss the charges that the prosecution violates the US Constitution and has “layers and layers of problems ...
Prosecutors ultimately declined to pursue misdemeanor charges filed by the Northwestern Police Department, “consistent with our office’s policy to decline prosecution against peaceful ...
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
Of the allegations reported last year, about 53% were cleared by arrest or exception, as in when a suspect dies or prosecution is declined. ... I mean Memphis is a big city,” Escue said.
(b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the judge should allow ...