nolle

Nolle, in legal usage, is short for nolle prosequi, a prosecutorial declaration to discontinue criminal proceedings against a named defendant. The phrase, derived from Latin, roughly translates to “to be unwilling to prosecute.” The action is a formal decision by the prosecutor and does not constitute an admission of innocence.

A nolle prosequi ends the state’s case regarding the charged offenses in the specific context in which it is entered. In many jurisdictions it can be filed at various stages of a case, including after indictment or arraignment, and sometimes before trial. The effect may be with prejudice, meaning the charges cannot be pursued again, or without prejudice, allowing the prosecutor to refile the charges if new evidence or circumstances arise.

Grounds for a nolle prosequi commonly include insufficient evidence to prove the charges beyond a reasonable doubt, issues with witnesses, legal deficiencies, or considerations of public interest or resource constraints. Because it reflects prosecutorial discretion, it is distinct from a court-ordered dismissal or an acquittal, and it does not resolve the defendant’s guilt or innocence.

In practice, the term is widely used in common law systems, especially in the United States, where case records may note that a case was “nolled” or “nolle pros.” The procedure and implications of a nolle prosequi vary by jurisdiction, including whether dismissal is with or without prejudice and what, if any, rights remain for the defense or for potential future charges.