Can I Get a Nol Pross for My Case?

Posted By David L. Carlson, Attorney At Law || 30-Sep-2015

Nolle prosequi is a Latin term meaning “will no longer prosecute”. It is a way of the defendant’s charges being dismissed from a case. The prosecution will invoke nolle prosequi when they want to want to dismiss a prosecution or part of it. Our Richmond criminal defense attorney further explains nolle prosequi and how encouraging the prosecution to invoke it can lead to favorable outcomes and lesser punishment.

Why Would the Prosecution Dismiss Charges?

When a prosecutor dismisses charges, judges and lawyers refer to it as “nol prossed”. Receiving a nol pross dismisses your charges or some of your charges from your case.

There are many reasons why a prosecutor would nol pross or dismiss your charges, including:

  • New evidence is brought to light
  • Old evidence is reevaluated
  • Witnesses fail to cooperate
  • To give the defendant a second chance

Even if a defendant receives a nol pross, they are not safe from being recharged and can be retried for the same charges. If the prosecutor issues another charging document, like a warrant or indictment, then the defendant can be brought back to court and charged. Sometimes the prosecution will charge an individual again later after a nol pross, like after they have recovered more evidence to support their case.

To ensure that you are protected from this happening to you, charges can sometimes be dismissed “with prejudice”. A dismissal with prejudice means that the prosecution cannot re-file charges and that you cannot be retried for the same charges.

If you have been arrested and need a Richmond criminal defense attorney to represent you, our team at Carlson & Collier have the skill and knowledge to provide a defense strategy that fights for your rights. Contact us today at (804) 277-4774 and discuss the details of your case in a free case evaluation with one of our experienced criminal defense attorneys.

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