If your criminal charges were dropped through a nolle prosequi (commonly called a “nolle pros”), you might feel a sense of relief—your case is over, and you can move on. But does a nolle prosequi mean the charges are gone forever? Or can the case be reopened in the future?
This post explains what nolle prosequi means in Maryland, whether the prosecution can revive a case after it’s been dropped, and what you should do if you’re concerned about your legal status.
What Is a Nolle Prosequi?
Nolle prosequi is a Latin term that means “we shall no longer prosecute.” It’s a formal declaration by the State’s Attorney that they are choosing to drop the charges. When the court accepts this declaration, the case is dismissed.
Common reasons a prosecutor may enter a nolle prosequi include:
- Lack of evidence
- Uncooperative witnesses
- Legal issues with search or seizure
- Strategic decisions to refile under different charges
In Maryland, a nolle prosequi is not the same as an acquittal. It does not prevent the State from refiling charges later in most cases.
Can a Nolle Prosequi Case Be Reopened?
Yes—under certain conditions, a case that was nolle prossed can be reopened in Maryland.
Here’s how it works:
1. Statute of Limitations Still Applies
If the original charges were dismissed via nolle prosequi before the statute of limitations expired, the prosecutor can refile the charges as long as that time limit has not run out.
For example:
- Misdemeanors in Maryland generally have a 1-year statute of limitations.
- Felonies often have no statute of limitations, especially for violent crimes like murder, rape, or robbery.
So if a misdemeanor case is nolle prossed 6 months after filing, the State still has 6 months to refile.
2. New Evidence or Witnesses
Sometimes, a nolle prosequi is entered due to a lack of evidence or witness cooperation. If that changes—say a new witness comes forward or evidence is uncovered—the prosecution may decide to reopen the case.
3. Multiple Charges
If only some charges were dropped while others remain, prosecutors may later revive those nolle prossed charges if the case circumstances change or the charges are related.
When Can’t the State Reopen a Case?
There are limitations. A prosecutor cannot refile charges if:
- The statute of limitations has expired
- Double jeopardy applies (which it usually doesn’t with a nolle prosequi)
- A dismissal with prejudice has been granted by a judge (rare in nolle prosequi scenarios)
If the case was resolved by acquittal or conviction, it cannot be reopened.
What Happens If Charges Are Refiled?
If your case is reopened, the process usually starts over:
- You’ll receive a new summons or be re-arrested
- You’ll go through another arraignment
- You may have to post bond again
- You’ll need legal representation to defend against the renewed prosecution
It’s critical to retain a criminal defense attorney immediately if charges are refiled after a nolle prosequi. A skilled lawyer can assess whether the prosecution is violating your rights and whether the case can be dismissed again—this time for good.
Can You Expunge a Nolle Prosequi in Maryland?
Yes. Under Maryland law, you can expunge a case that ended in a nolle prosequi. In most cases, you can file for expungement immediately, unless:
- The charge was marked as “nolle pros with conditions” or tied to a plea deal
- You have a pending criminal case
Expunging a nolle prossed case removes the record from public view, helping you protect your reputation and move forward.
Key Takeaways
- A nolle prosequi means the charges are dropped, but not necessarily forever.
- The State may reopen a case if the statute of limitations hasn’t expired or new evidence arises.
- Expungement is often available after a nolle prosequi, giving you a clean slate.
- If charges are refiled, legal counsel is essential to protect your rights.
Worried About a Reopened Case? Contact a Southern Maryland Criminal Lawyer Today
If you had a case nolle prossed in Prince George’s, Charles, Calvert, or St. Mary’s County and you’re concerned it might be reopened, reach out today. At Southern Maryland Criminal Defense, we know how to fight refiled charges and pursue expungement where possible.
