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Judge was confused as why they were going to "dismiss the charge" and not "nolle" it

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Old May 8th, 2008, 12:29 PM     #1
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Confused Judge was confused as why they were going to "dismiss the charge" and not "nolle" it

I got a DUI last May and was ordered to an alcohol education program and 1 year probation. I completed the program and attended a MADD victim's panel like they requested and stayed out of trouble. When I went to court earlier this week the judge was confused as why they were going to "dismiss the charge" and not "nolle" it. The state's attorney said he was comfortable with it being dismissed, so it was.

What is the difference between the two?
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Old May 10th, 2008, 03:27 PM     #2
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Default Re: DUI

Nolle prosequi is a Latin legal phrase meaning "to be unwilling to follow through" or, more simply, "unwilling to pursue." It is the term used in many common law criminal jurisdictions to describe a prosecutor's application to discontinue criminal charges before trial, or up until, but before verdict.

Generally, the application to "nolle" or "nol pros" a case is made after the filing of an information or indictment, when the prosecutor representing the state's interest is of the opinion that an adjudication of the charges is not in the interest of the public and/or that the available and admissible evidence is not sufficient to satisfy a jury beyond reasonable doubt. In most circumstances, the court with jurisdiction to hear the case must adjudicate on the application for nolle prosequi, thus finding the defendant not guilty of all charges. To determine where the public interest lies, more often than not, a motion for "nolle prosequi" indicates that the prosecution does not want to pursue the case any further (be it a civil and/or criminal case). In the essence of the United States' jurisprudence, this motion is usually filed due to the innocence of the defendant, hence, "innocent until proven guilty." In a reasonable court of law, a motion for "nolle prosequi" is only granted if it is concluded the defendant is indeed innocent. In conclusion, this means the prosecution knows it does not have enough evidence (or any evidence) that a crime has been committed, and therefore must consider the accused/defendant innocent. The charges can be reinstated if new information comes to light or the circumstances of the case change during a given period of time.
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Old Jun 19th, 2008, 12:38 AM     #3
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Default Re: DUI

Nolle is actually a request by a prosecutor in a criminal action that the prosecution of the case cease. May be some counts or all with respect to some or all of the defendants. Mostly it is used when there are insufficient evidence or out of court settlement between the parties.
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