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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 ...
According to Article 12 of the Dutch Criminal Procedure Code, [14] a person with a direct concern in the prosecution of a crime may file a complaint at a court of law against the cancellation of the prosecution. If the council chamber of the court decides that the crime should be prosecuted, the crime must be prosecuted.
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 ...
The Florida Supreme Court adopted the Florida Rules of Civil Procedure in March 1954. [2] The proper abbreviation for the rules is Fla.R.Civ.P. [3] The rules may be amended, or new rules added, from time to time and upon the approval of the Florida Supreme Court.
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 ...
A nolo contendere plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions.
The Florida Constitution, in Article V, Section 2(a), vests the power to adopt rules for the "practice and procedure in all courts" in the Florida Supreme Court, which has adopted the Florida Rules of Civil Procedure. Although Title VI of the Florida Statutes is labeled "Civil Practice and Procedure", the statutes it contains are limited to ...
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