Legal Definitions - nol. pros.

The term nol. pros. is an abbreviation for the Latin phrase nolle prosequi, which literally means "to be unwilling to prosecute."

In legal terms, a nolle prosequi is a formal declaration by a prosecutor in a criminal case stating that they will no longer pursue the charges against a defendant. This action effectively dismisses the charges. Typically, a nolle prosequi is entered "without prejudice," meaning the prosecutor retains the option to refile the same charges at a later date if new evidence emerges or circumstances change. However, in some specific situations, particularly after certain legal proceedings have begun, a nolle prosequi can act as a permanent dismissal, preventing the charges from being brought again.

Prosecutors may decide to enter a nolle prosequi for various reasons, including:

• Insufficient evidence to secure a conviction.
• Key witnesses becoming unavailable or unreliable.
• New evidence emerging that weakens the prosecution's case or exonerates the defendant.
• The defendant agreeing to cooperate in another, more significant investigation.
• The charges being minor and other legal priorities taking precedence.

Examples of Nolle Prosequi in Practice:

• Example 1: Witness Unavailability

  A man, Mr. Henderson, is charged with assault after a bar fight. The primary witness, who saw the entire altercation and identified Mr. Henderson, suddenly moves out of the country and cannot be located or compelled to testify. Without this crucial testimony, the prosecutor determines there isn't enough evidence to prove the case beyond a reasonable doubt. The prosecutor then files a nolle prosequi, formally dropping the assault charges against Mr. Henderson. This illustrates the term because the prosecutor is declaring an unwillingness to continue the prosecution due to a critical evidentiary hurdle.

• Example 2: Cooperation in a Larger Case

  Ms. Rodriguez is arrested and charged with petty theft. During questioning, she reveals valuable information about a large-scale organized crime ring operating in the city and offers to cooperate as an informant. Recognizing the importance of dismantling the criminal enterprise, the prosecutor decides that Ms. Rodriguez's cooperation is more beneficial to public safety than pursuing the minor theft charge. The prosecutor enters a nolle prosequi for the theft charge, effectively dismissing it in exchange for her assistance. This demonstrates the term as the prosecutor chooses to abandon the current case for a strategic advantage in another investigation.

• Example 3: New Exculpatory Evidence

  Mr. Chen is accused of burglary based on circumstantial evidence and a witness's initial identification. Before the trial begins, new forensic evidence, specifically DNA found at the crime scene, is processed and conclusively matches a different individual who has a history of similar burglaries. Faced with this definitive exculpatory evidence, the prosecutor acknowledges that Mr. Chen is not the perpetrator. To prevent an unjust prosecution, the prosecutor files a nolle prosequi, dismissing all charges against Mr. Chen. This exemplifies the term because the prosecutor is formally ceasing the prosecution due to compelling evidence that clears the defendant.