What does it mean ifa Motion for Nolle Prosequi is granted and the case is dismissed without prejudice?
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What does it mean ifa Motion for Nolle Prosequi is granted and the case is dismissed without prejudice?
The paper says, “The alleged victim in this matter has provided numerous verbal and written accounts regarding the facts of this case, and each tends to contradict the prior statement. His credibility has been so far damaged that it would be impossible to prove this matter beyond a reasonable doubt”.
Asked on August 19, 2010 under Criminal Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A motion is a formal request made by a party (here the prosecutor) to a Judge for some type of request. The term "nolle prosequi" is Latin and is a formal entry on the records of the court that the prosecutor in the matter that he or she will no longer prosecute the matter. So here the prosecutor requested that the court enter an order on the record to allow him or her to stop with the proceeding against the party accused of the crime. The reasons have been listed in your question and seem to run to the truth of the statements made by the victim. The prosecutor is worried that because the victim has made statements that seem to contradict themselves about what really happened he or she can not prove the case in court against the person accused of the crime. The motion was granted but it was granted "without prejudice" meaning that it may be able to be brought again should the evidence allow.
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