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What is a Motion for Nolle Prosequi and Its Legal Significance?
Definition & Meaning
A motion for nolle prosequi is a formal request made by a prosecutor or plaintiff to dismiss legal charges against a defendant. This motion can occur in both criminal and civil cases. It is typically filed when the evidence does not support the charges, when there are doubts about the accused's guilt, or when the prosecutor believes it is in the best interest of justice to discontinue the case. While this motion is often made after an indictment, it does not prevent the possibility of reindictment in the future.
Table of content
Legal Use & context
This term is primarily used in the context of criminal law and civil litigation. In criminal cases, a prosecutor may file a motion for nolle prosequi to drop charges if they believe they cannot prove the case beyond a reasonable doubt. In civil cases, this motion can be used to dismiss specific claims against a defendant. Users may find forms related to this motion through platforms like US Legal Forms, which provide templates that can assist in filing such motions effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A prosecutor might file a motion for nolle prosequi in a theft case if key evidence, such as a witness statement, emerges that suggests the accused did not commit the crime. In a civil lawsuit, a plaintiff may choose to file this motion to drop a claim against one defendant while continuing the case against others.
State-by-state differences
State
Notes
California
Prosecutors have broad discretion to file a motion for nolle prosequi.
New York
A nolle prosequi can be filed at any point before a verdict is reached.
Texas
Requires a formal motion and approval from the court.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Nolle prosequi
A motion to dismiss charges.
Filed by the prosecutor or plaintiff.
Dismissal
A court's decision to terminate a case.
Can be initiated by the court or the parties.
Acquittal
A verdict of not guilty after a trial.
Occurs after a trial, not before.
Common misunderstandings
What to do if this term applies to you
If you are involved in a case where a motion for nolle prosequi is relevant, consider the following steps:
Consult with a legal professional to understand your options and implications.
If you are a prosecutor or plaintiff, you can explore using templates from US Legal Forms to draft your motion.
Be prepared for the possibility of reindictment or further legal actions.
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