Nolle Prosequi vs. No Action
The Latin phrase “nolle prosequi,” meaning “unwilling to prosecute,” essentially means that while a charge has been filed, state prosecutors do not wish to proceed any further with the charges. While similar to a “No Action” of charges, nolle prosequi is unique in that it may be announced at any time, and instantly terminates any and all proceedings against an individual. The term No Action refers to a prosecutor reviewing the arrest and deciding to take no further action on the case. A No Action is a dismissal before formal charges are filed versus a nolle prosequi which denotes a dismissal after formal charges are filed. Both terms are synonymous to what’s commonly referred to as a Dismissal, which is a blanket term usually used instead of nolle prosequi or No Action. Even when charges are terminated it’s important to remember that charges can be re-filed in the future.
Common Reasons for Case Dismissal
There are a wide variety of reasons why charges may be dismissed against an individual. These may include:
Usually, evidence gathered early in an investigation will be used by the prosecutors to bring charges against an individual they feel is guilty of a crime. Sometimes, however, new evidence may be uncovered which refutes the guilt of the individual on trial and proves their innocence. This may result in the prosecution dropping some, or all, charges.
Reevaluation of Existing Evidence
When it comes to evidence, everything is not always as it seems. While a piece of evidence may initially lead to the charging of an individual with a crime, it may later – upon further investigation – prove to be much less consequential to the prosecution.
Procedural errors are another common reason for case dismissal in the State of Florida. If the police or prosecution make a mistake in the handling of evidence or witnesses and that information lead to a charge or case against you, the case may be dismissed due to the procedural error. If there is a procedural error, this means that your legal rights have been violated and therefore the charge cannot be tried.
Change in Prosecution’s Mindset
Occasionally the prosecution may identify mitigating circumstances where they feel that charges should be dismissed. These may include if the prosecution feels an individual deserves a second-chance or if they feel that the crime was committed in self-defense.
Contact an Experienced Palm Beach County Attorney Today
If you are charged with a crime in Palm Beach County, you need an experienced legal defense lawyer to pressure the prosecution to dismiss your charges. A knowledgeable criminal defense lawyer may be able to help get your charges dismissed immediately. At Piotrowski Law, we have the experience and know-how to help guide you through the twists and turns of the Florida legal system. Call Piotrowski Law today (561) 614-5000 for your free consultation and to learn about our track record of dismissals.