Nolle prosequi is a Latin legal term meaning “we shall no longer prosecute.” When a prosecutor enters a nolle prosequi in a Maryland criminal case, they are formally declining to continue pursuing the charges against the defendant. While this is not the same as an acquittal or dismissal, it effectively ends the prosecution of the case at that time. Understanding what nolle prosequi means, how it works in Maryland courts, and whether charges can be refiled is critical for anyone involved in the criminal justice system.
Nolle Prosequi Definition and Meaning
The term nolle prosequi (often shortened to “nol pros” or “nolle pros”) is a formal entry on the court record indicating that the prosecutor has decided not to proceed with the criminal charges. The nolle prosequi meaning is straightforward: the state is choosing to stop the prosecution. This is a decision made exclusively by the prosecutor — the defendant cannot force a nolle prosequi, and the judge does not order one.
A nolle prosequi can be entered at any stage of the criminal proceedings before a verdict is reached. It can apply to all charges in a case or only to specific charges while others continue. The entry of nolle prosequi appears on the court docket and becomes part of the official record of the case.
Why Would a Prosecutor Enter Nolle Prosequi?
Prosecutors enter nolle prosequi for a variety of reasons. Understanding these reasons helps explain why some cases end this way rather than going to trial or resulting in a formal dismissal.
Insufficient evidence: The most common reason is that the prosecution determines they do not have enough evidence to prove the case beyond a reasonable doubt. Witnesses may become unavailable, physical evidence may be insufficient, or the investigation may reveal weaknesses that make a conviction unlikely.
Witness issues: If a key witness refuses to cooperate, recants their statement, becomes unavailable, or is found to lack credibility, the prosecution may be unable to proceed. In domestic violence and assault cases, it is common for alleged victims to decline to testify, which can lead to a nolle prosequi.
Procedural problems: Issues such as illegal searches, violations of the defendant’s constitutional rights, or problems with how evidence was collected can make a case unprosecutable. Rather than risk losing at trial, the prosecutor may enter nolle prosequi.
Plea agreements on other charges: In cases involving multiple charges or multiple defendants, a prosecutor may enter nolle prosequi on some charges as part of a plea agreement. The defendant may plead guilty to certain charges in exchange for the remaining charges being nol prossed.
Interest of justice: Sometimes the prosecutor concludes that pursuing the case is not in the interest of justice. This can happen when new information comes to light, when the circumstances of the case change, or when the defendant has already faced sufficient consequences through other means.
Nolle Prosequi vs. Dismissal: What Is the Difference?
One of the most important distinctions in criminal law is the difference between a nolle prosequi and a formal dismissal. Many people assume they are the same thing, but they have significantly different legal consequences.
A nolle prosequi means the prosecutor has chosen to stop pursuing the case, but the charges have not been formally dismissed by the court. Because the case was not adjudicated on its merits, the principle of double jeopardy does not attach. This means the prosecutor retains the ability to refile the same charges in the future, subject to the statute of limitations.
A dismissal, particularly a dismissal with prejudice, is a court action that formally ends the case. A dismissal with prejudice means the charges cannot be refiled. A dismissal without prejudice allows refiling but is still a court order rather than a prosecutorial decision. For this reason, defendants generally prefer a formal dismissal to a nolle prosequi.
What Does “Nolle Prossed” Mean?
“Nolle prossed” is an informal term used to describe a case in which the prosecutor has entered a nolle prosequi. When someone says their case was “nolle prossed,” it means the state has decided not to continue pursuing the criminal charges at that time. While this is a positive outcome for the defendant, it is important to understand that a nolle prossed case is not the same as an acquittal. The charges could potentially be refiled within the statute of limitations. If your case has been nolle prossed, consulting with a criminal defense attorney can help you understand your rights, including whether you are eligible for expungement.
Types of Nolle Prosequi in Maryland
In Maryland courts, nolle prosequi can be entered in different ways depending on the circumstances of the case. A prosecutor may enter nolle prosequi on all charges, effectively ending the entire case, or on only specific counts while continuing to prosecute remaining charges. In some situations, nolle prosequi is entered as part of a plea agreement, where the defendant pleads guilty to certain charges in exchange for the state dropping others. Understanding what type of nolle prosequi applies to your case is critical for determining your next steps, including whether you can seek expungement or if charges could be refiled.
Can a Nolle Prosequi Case Be Reopened?
Yes, in many cases a nolle prosequi allows the prosecution to refile charges within the statute of limitations. For a detailed explanation of when and how nolle prosequi cases can be reopened in Maryland, see our in-depth guide: Can a Nolle Prosequi Case Be Reopened?
How Nolle Prosequi Works in Maryland Courts
In Maryland, the nolle prosequi process follows specific procedures. The State’s Attorney (prosecutor) files a nolle prosequi entry with the court clerk. This entry is placed on the court docket and becomes part of the case record. The judge does not need to approve the nolle prosequi — it is entirely within the prosecutor’s discretion.
Once nolle prosequi is entered, the case is effectively suspended. If the defendant was held in custody, they will be released unless there are other pending charges or detainers. If the defendant was on probation or had other conditions of release, those conditions are typically lifted for the nol prossed charges.
The nolle prosequi entry will appear on the defendant’s criminal record as a case disposition. While it is not a conviction, it is also not a formal finding of innocence. The charge and its nol pros disposition will be visible on background checks unless the defendant takes steps to have the record expunged.
Expungement After Nolle Prosequi in Maryland
One significant benefit of a nolle prosequi disposition is that it typically makes the case eligible for expungement. Under Maryland Criminal Procedure Article Section 10-105, a person may file a petition for expungement of records when a case results in a nolle prosequi. The waiting period before filing depends on the circumstances, but in many cases, a petition can be filed three years after the nolle prosequi entry or after the statute of limitations expires, whichever is earlier.
Expungement removes the record of the arrest and charges from public view, including background check databases. This is important for employment, housing, professional licensing, and other areas where a criminal record can have negative consequences. A criminal defense attorney can help you navigate the expungement process and determine when you are eligible to file.
What to Do If Your Case Receives Nolle Prosequi
If the prosecutor enters nolle prosequi in your case, here are the steps you should take to protect your interests:
Get confirmation from your attorney. Make sure you understand exactly which charges received nolle prosequi and whether any charges remain pending. If you have multiple charges, some may continue while others are nol prossed.
Understand the limitations. Remember that nolle prosequi is not an acquittal. The charges could potentially be refiled within the statute of limitations. Stay in contact with your attorney and be prepared for the possibility that the case could be reopened.
Pursue expungement. Once you are eligible, file a petition for expungement to have the arrest and charges removed from your public record. This is an important step that many people overlook.
Address bail and conditions of release. If you posted bail or were subject to conditions of release, confirm that these obligations are terminated for the nol prossed charges. Bail money may need to be formally returned through the court.
Frequently Asked Questions About Nolle Prosequi
What does nolle prosequi mean?
Nolle prosequi is a Latin term meaning “we shall no longer prosecute.” It is a formal declaration by the prosecutor that they are choosing not to continue pursuing criminal charges against the defendant. It ends the current prosecution but does not prevent the charges from being refiled in the future.
Is nolle prosequi the same as not guilty?
No. Nolle prosequi is not a verdict of not guilty. A not guilty verdict means a judge or jury determined the prosecution did not prove its case beyond a reasonable doubt. Nolle prosequi simply means the prosecutor chose to stop pursuing the charges. The defendant is not found innocent or guilty — the case is simply not being prosecuted at this time.
Will nolle prosequi show on a background check?
Yes, a nolle prosequi disposition will typically appear on criminal background checks. The arrest and charges will be visible along with the nol pros disposition. To remove this from your record, you will need to petition for expungement, which is generally available for nolle prosequi cases in Maryland.
Can the prosecutor refile charges after nolle prosequi?
Yes, the prosecutor can refile the same charges after entering nolle prosequi, as long as the statute of limitations has not expired. This is one of the key differences between nolle prosequi and a dismissal with prejudice. However, in practice, many nol prossed cases are never refiled.
How long after nolle prosequi can I get my record expunged?
In Maryland, you can generally petition for expungement of a nolle prosequi case three years after the entry or after the statute of limitations expires, whichever is earlier. The specific timeline depends on the type of charges and other factors. Consulting with an attorney can help determine your eligibility.
Contact a Maryland Criminal Defense Attorney
If you have questions about nolle prosequi or need help with a criminal case in Southern Maryland, contact SoMD Criminal Defense today for a free consultation. We represent clients in Charles County, St. Mary’s County, and Calvert County, and we can help you understand your options, pursue expungement, and protect your rights throughout the criminal justice process.
