You may have heard about various cases where the defendant in the court gets all their charges dropped against them. The judges then continue to say that the ongoing case is “Nolle Prossed.” You might be wondering, what is Nolle Prossed?
When a judge declares the defendant is Nolle Prossed, the court will no more pursue the case in the court of law. All then charges of the defendant (and against) will all be dropped to end the matter.
So, if you have clicked on this link to find more information about Nolle Prossed, then continue reading as we have lots of information to share, especially about the use of this term in the US state of Florida.
What Is Nolle Prossed?
Nolle Prossed is commonly known as Nolle Prosequi in the legal environment. It is derived from a Latin term that means “unwilling to pursue.” This means that the judge of the court and the jury have decided to drop the case and pursue it no longer. Therefore, all the charges and accusations by the defendant will not be recorded, and all court sessions are ended immediately.
If a case gets Nolle Prosses, then the state prosecutors voluntarily declare that the case is closed. No more trials will occur, and the court will also pass no verdict. It is the direct opposite of the involuntary closure of cases.
If you want to know what Nolle Prosequi mean, then continue reading below.
Difference Between Nolle Prossed And Dismissal Of Charges?
After knowing about the definition of Nolle Prossed, you might be thinking that it seems to be the same as the court dismissing the charges against the defendant. While in hindsight, both are somewhat very similar. But there are still some minor differences that people not from the legal world will not understand at first.
Dismissal of a case can often mean the same as Nolle Prosequi, depending on which US state you are from. For example, the term Nolle Prosequi is not used in New York. Therefore, to dismiss a case, the judge simply uses the word “Dismissal” instead.
A court case can be Nolle Prossed or Dismissed depending on the evidence presented in court and various other factors. However, some cases can be dismissed in court only after charges against the accused. Also, it should occur before a verdict has been reached.
Difference Between Nolle Prossed And Acquittal?
There is another term that has similar implications as Nolle Prosequi. This is another common term that many people have heard in movies and films. It is called acquittal.
When the judge says that the defendant is acquitted, it means that all charges that the accuser has presented will be dropped,m and the defendant’s name will be clear of all charges that have been brought forth by the accuser.
Here, the judge rules the court in favor of the accused. This can happen because the evidence presented against the accused is not substantial enough, or the accused’s lawyer has proved that the person is not guilty in the eyes of the law.
Therefore, the main difference between the acquittal of a case and the case being Nolle Prosequi is that in the scenario of acquitted cases, the accused defendant is not found guilty of the charges against him.
Therefore, you can say that the court has passed a verdict. In the case of Nolle Proequi, no judgments are given, and the case is ended immediately. The charges against the accused might or might not be acquitted.
Reasons For Cases Being Nolle Prossed in Florida?
The primary reasons and legal scenarios which can make a case being Nolle Prossed in Floridan court are:
1. Flawed Evidence
This is the most common reason for a case to be Nolle Prossed. After the evidence against the defendant is examined, it is often termed inconsequential or non-substantial. You can say this because the judge and the jury have evaluated the evidence and have not found any connection between the defendant and the crimes they are accused of.
A Nolle Prosequi can also be passed when the evidence is fake and planted by another party. In this case, Nolle Prosequi can be given because of the lack of proper evidence to support the charges against the defendant.
2. Uncooperative Witnesses
Suppose the witness who has been presented in court becomes uncooperative in court about giving their statement. This can frequently occur because the witness doubts what he has seen or heard about the defendant with the crime that has been committed. As a result, the witness can simply not appear in front of the court. If there is no evidence, the case will be Nolle Prossed.
3. False Charges Against Defendant
Another common reason for many cases to be Nolle Prossed in Florida is because the charges presented against the accused have all turned ouit to be false. This has been a common scenario where a woman claims to have been raped by a man and charges him with sexual misconduct and aggravated assault.
However, after the evidence has been examined by the sexual harassment lawyer, and witnesses have been interrogated, it is found that the victim was not raped and has accused the defendant out of hatred or jealousy.
4. Demise Of Defendant
If the defendant dies while the court is still in session or more trials are required to be conducted later, then the judge can declare the case to be Nolle prossed.
5. Federal Sentence
While state courts can pass on Nolle Prosequi, Federal courts have the power to rule over these courts. Federal courts can also take over cases they believe are essential and too big and complicated for state courts to handle.
Harem, then the federal court can pass judgments about a case and can take over all the trials and proceedings. If the state judge is happy with this decision, Nolle Prosequi can be given.
Can Nolle Prossed Cases Be Expunged?
If a case is Nolle Prossed, many people think that all charges against the accused will be dropped. The reality is that not all charges are dropped. The judge decides which of the charges to drop. If the defendant is charged with multiple charges, the judge can remove some of them while keeping the others in criminal records.
Suppose you are accused of many charges and still is even after the case against you has been Nolle Prossed. In that case, you need to get a particular letter of recommendation from authorities like the criminal defense attorney that expunges all charges against you.
Frequently Asked Questions:
Ans: If a case is Nolle Prossed, it means that the issue has been dismissed in court without any verdict.
Ans: In most situations, Nolle Pross means the same as a Dismissal.
Ans: No. In the case of Nolle Pross, the judge can delete the charges. However, if adjudication is withheld, the charges can be sealed and recorded permanently.
Ans: Nolle Prossed in administrative terms means that the case is dismissed in the court, and the judge shall pass no verdict.
Many cases in Florida can get Nolle Prossed because of many reasons. For example, some cases have inadequate evidence presented in court, while in other scenarios, they can be wrongly accused of certain crimes by the accuser/victim. If all these shreds of evidence turn out to be false, then instead of sentencing the defendant, the judge can pass a declaration of Nolle Prosequi.
If you now know Nolle Prossed meaning, share this article with others who do not know about this and educate everyone!