Legal Definitions - nolle prosequi

Nolle prosequi is a legal term referring to a formal declaration by a prosecutor in a criminal case, or a plaintiff in a civil lawsuit, that they have decided to abandon or discontinue the prosecution or lawsuit.

Essentially, it means the party who initiated the legal action no longer wishes to pursue it. This decision is made after charges have been brought or a lawsuit has been filed, but before a verdict is reached or a plea is entered. It is important to understand that a nolle prosequi is not an acquittal; it does not declare the defendant innocent. Instead, it simply stops the current proceedings. Because it's not an acquittal, the charges can potentially be brought again in the future if new evidence emerges or circumstances change.

Here are some examples illustrating how a nolle prosequi might be used:

• Criminal Case - New Evidence Emerges:

  Imagine a prosecutor charges a suspect with grand theft based on initial witness statements. However, before the trial begins, new security camera footage surfaces that conclusively shows a different individual committing the crime, or the key witness recants their testimony, admitting they made a mistake in identification. Faced with this new information, the prosecutor may file a nolle prosequi. This formally informs the court that the state is abandoning the current charges against the initial suspect. It doesn't mean the suspect is declared innocent, but rather that the prosecution believes it cannot win the case or that the wrong person was charged, and therefore will not proceed with *these specific charges* at this time.

• Criminal Case - Strategic Decision or Resource Allocation:

  Consider a situation where a person is charged with a minor misdemeanor offense, such as public intoxication. As the case progresses, the primary arresting officer is unexpectedly deployed overseas for an extended period, making it impossible to present their testimony in court within a reasonable timeframe. The prosecutor might decide that the resources and effort required to delay the trial indefinitely for a relatively minor charge outweigh the public interest in pursuing it. In this scenario, the prosecutor could enter a nolle prosequi, discontinuing the prosecution. This allows the court to close the case without a trial or conviction, though the prosecutor retains the option to refile charges later if the witness becomes available and it's deemed appropriate.

• Civil Lawsuit - Plaintiff's Decision to Withdraw:

  Suppose a small business owner files a civil lawsuit against a former employee for breach of contract and damages. During the discovery phase, as the business owner reviews documents and gathers evidence, they realize that their own records are incomplete or that they cannot definitively prove the employee's actions directly caused the alleged damages. Alternatively, they might decide that the potential legal costs of continuing the complex litigation would exceed any possible financial recovery. In such a situation, the business owner (the plaintiff) can file a nolle prosequi to formally notify the court that they are abandoning their lawsuit. This stops the legal proceedings without a judgment on the merits of the case, allowing the plaintiff to withdraw their claim.