If you’ve been navigating the Louisiana criminal justice system, you may have heard your attorney or a prosecutor use the term “Nolle Prosequi.” This is a Latin phrase meaning “to be unwilling to prosecute” or “will not prosecute.” In legal terminology, it signifies a formal decision by the prosecutor to discontinue or dismiss criminal charges or proceedings against a defendant. While it sounds like complex legal jargon, it is one of the most significant developments that can happen in a criminal case.
Commonly referred to as a “Nolle Pros,” this action can bring a sudden halt to your legal troubles—but it’s important to understand exactly what it entails and whether your case is truly closed for good.
For example, a prosecutor might enter a nolle prosequi if new evidence shows the accused is not guilty, or if a key witness is unavailable, resulting in the charges being formally dropped and the case dismissed.
What is Nolle Prosequi?
Derived from Latin, Nolle Prosequi translates to “be unwilling to pursue.” In a legal context, it is a formal entry made into the record by the prosecutor (the District Attorney) declaring that they are voluntarily dropping the charges against the defendant. Under common law, prosecutors have the discretion to enter a nolle prosequi, and this practice has evolved in the United States legal system to allow prosecutors significant authority in ending criminal cases.
In Louisiana, the authority for this action comes from the Louisiana Code of Criminal Procedure Article 691. This article grants the District Attorney broad power to dismiss an indictment or a count within an indictment without needing the court’s permission. The nolle prosequi is typically documented using a specific form or formal notice, which is filed in the court records to officially signify the termination of the case.
Why Do Prosecutors File a Nolle Pros?
A prosecutor might choose to drop a case for several reasons, and must decide whether to proceed based on the specific circumstances of each case. Common reasons include:
- Insufficient Evidence: The prosecutor realizes they don’t have enough “teeth” to win a conviction at trial, often due to weak evidence that cannot support the charges.
- Witness Issues: A key witness may have become unavailable, uncooperative, or their credibility has been called into question.
- Illegal Search and Seizure: If defense counsel successfully argues that evidence was obtained in violation of your rights, the prosecutor may no longer have a case.
- Pre-Trial Diversion: The defendant has completed a program (like drug court or community service) in exchange for the charges being dropped.
- Interests of Justice: Sometimes, new information comes to light that makes pursuing the case unfair or unnecessary, and prosecutors may act in the public interest when choosing to enter a nolle prosequi.
In several cases, prosecutors have entered a nolle prosequi due to a combination of these factors, carefully weighing the circumstances and the public interest before making their decision.
Is a Nolle Pros the Same as an Acquittal?
No. This is a crucial distinction.
An acquittal happens after a trial when a judge or jury finds you “Not Guilty.” An acquittal is a judgment on the defendant’s innocence and triggers “Double Jeopardy,” meaning you can never be tried for that specific crime again.
A Nolle Prosequi, however, is a dismissal before a verdict is reached. While it ends the current prosecution, it is not an outright dismissal with prejudice and does not constitute a judgment on the merits of the case or the defendant’s innocence. It does not necessarily prevent the state from refiling charges later—provided they are within the Statute of Limitations.
Comparison to Dismissal
While nolle prosequi and dismissal both result in the termination of a criminal case, they are distinct actions within criminal law with different implications for the parties involved. A dismissal is typically initiated by the court, often due to insufficient evidence or a legal rule that prevents the case from moving forward. In contrast, nolle prosequi is a formal notice from the prosecutor, signaling their voluntary decision to no longer pursue the charges against the defendant.
The key difference lies in who initiates the action and the future consequences. When a court dismisses a case with prejudice, the prosecution is barred from refiling the same charges, offering the defendant a greater sense of finality. However, when a prosecutor enters a nolle prosequi, it does not necessarily prevent future prosecution for the same offense, as long as the statute of limitations has not expired. This distinction is crucial for anyone involved in a criminal case, as it affects the potential for future legal action and the overall strategy for defense attorneys and prosecutors navigating criminal procedure.
Can the Charges Be Re-Filed?
In Louisiana, the District Attorney generally has the right to “reinstate” or refile charges after a Nolle Pros, as long as they are within the legal time limits for prosecution. Once a nolle prosequi is entered, the pending charge is dismissed and the state will no longer prosecute the case unless charges are refiled within the statutory period. This means the prosecution will no longer pursue or longer prosecute the case unless they decide to bring the charges again before the prescriptive period expires.
However, once a Nolle Pros is entered, the immediate constraints—such as bail bond requirements, travel restrictions, and upcoming court dates—are typically lifted. You are free to go, but your legal team should monitor the “prescriptive period” (the time limit the state has to bring you to trial) to ensure the case stays closed.
Does a Nolle Pros Clear My Record?
One of the most common misconceptions is that a Nolle Pros automatically wipes your record clean. It does not.
While the case is dismissed, the arrest record still exists. If an employer or landlord runs a background check, they will see the arrest followed by the “Nolle Prosequi” disposition. To completely remove this from your public record, a person must formally request an expungement through the appropriate legal channels.
Note: In Louisiana, you are generally eligible to apply for an expungement immediately after a Nolle Prosequi is entered, provided there are no other legal disqualifiers.
If you need help with the expungement process or have questions about your rights as a person involved in a criminal case, contact a legal professional for guidance.
Nolle Prosequi in Civil Cases
Although nolle prosequi is most commonly associated with criminal charges, it also plays a role in civil cases. In the context of civil lawsuits, a plaintiff may choose to voluntarily dismiss their claims against a defendant by entering a nolle prosequi. This decision can be influenced by new evidence that weakens the plaintiff’s position, a reassessment of the likelihood of success, or strategic considerations regarding ongoing litigation.
The process for entering a nolle prosequi in civil cases varies depending on the jurisdiction. Some courts require the plaintiff to file a formal motion to dismiss, while others allow for a more straightforward withdrawal of claims. Regardless of the process, the decision to enter a nolle prosequi can have significant consequences for all parties involved. It may impact the plaintiff’s ability to bring similar claims in the future or affect the defendant’s strategy in responding to related legal actions. Because of these potential ramifications, it is essential for anyone involved in civil litigation to consult with an experienced attorney to fully understand their options and the possible outcomes before proceeding with a nolle prosequi.
Speedy Trial Implications
The use of nolle prosequi in criminal procedure can have important implications for a defendant’s right to a speedy trial. When the prosecution enters a nolle prosequi, it effectively halts the current legal proceedings, but it may also reset the clock for the speedy trial period if charges are refiled later. This means that the prosecution could, in some cases, use nolle prosequi as a tactic to delay the trial and gain additional time to gather evidence or address weaknesses in their case.
However, courts have recognized that using nolle prosequi to circumvent speedy trial requirements can be an abuse of prosecutorial discretion. Defense attorneys must be vigilant in protecting their clients’ rights, challenging any attempts by the prosecution to use nolle prosequi as a means of delaying justice. Navigating these complexities requires skilled legal assistance to ensure that the defendant’s interests are safeguarded and that the case is resolved in a timely and fair manner. Understanding how nolle prosequi interacts with speedy trial rules is essential for anyone facing criminal charges and seeking to protect their legal rights.
Why You Need a Defense Attorney
Even if a prosecutor mentions they are considering a Nolle Pros, you need an advocate to ensure the dismissal is handled correctly. As the accused, it is crucial to provide a strong legal answer to any claim made by the prosecution. At Go Crest Law, we work to:
- Negotiate the Dismissal: We aggressively challenge the state’s evidence and work with the public prosecutor—and, where applicable, the attorney general—to force a Nolle Pros.
- Protect Your Future: We ensure the dismissal is recorded properly to pave the way for an expungement.
- Prevent Refiling: We hold the state accountable to procedural timelines so they cannot easily bring the charges back.
When challenging evidence, we focus on the prosecution’s inability to prove their claims beyond a reasonable doubt.
If you are the subject of a criminal case in Louisiana, don’t leave your freedom to chance. Understanding the nuances of “Nolle Prosequi” is just the first step in reclaiming your life, and strong legal representation is essential.
