Nolle Prosequi

What is Nolle Prosequi in Georgia?

There are many phases in a criminal case, and the prosecutor and defense attorney can use a plethora of ways to resolve a case. One way to settle a case is by using nolle prosequi which means “will no longer prosecute” in Latin. A nolle prosequi terminates the prosecution pending on the indictment.  The prosecutor must obtain court approval to enter nolle prosequi, but the accused must also consent.

The purpose of nolle prosequi in Georgia is to prevent prosecutors from stopping a trial that is proceeding unfavorably, restarting it, and having another shot at the accused. Montgomery v. State, 259 Ga. App. 153, (2003). A prosecutor might nolle prosequi a case for a number of reasons. It could be because of a reevaluation of the evidence, failure of witnesses to cooperate, or the desire to give the defendant a second chance.

Is Nolle Prosequi the Same as a Dismissal?

No. When the prosecutor enters into nolle prosequi, it means that they are not prosecuting the case any further right now. However, this does not prohibit the prosecutor from refiling a new case against the accused later.

What Will Appear on My Criminal Record?

When nolle prosequi is entered, the disposition will show “nolle prosequi.” It is not an acquittal nor guilty outcome. However, if the prosecution gets more evidence or decides to refile, they must bring a new case.

Can an Georgia Attorney Help?

Yes! Nolle prosequi can only be entered with the consent of the defendant. Therefore, it is in your best interest to consult with an attorney before accepting. They may be able to give you alternative options or get your case dismissed instead.

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