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Nolle Prosequi

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Nolle Prosequi Maryland

What does Nolle Prosequi mean in Maryland?

Nolle Prosequi is a legal term and in Latin means, “do not prosecute.”   If you have been charged with a crime or traffic offense and the State’s Attorney decides they will not proceed with your case, they enter a Nolle Prosequi.  This means your case is dismissed and the State has chosen to not proceed with the charges.

Call 410-288-2900 for legal representation if you’ve been charged with a crime in Maryland.

What happens after my case is Nolle Prosequi?

If you case is Nolle Prosequi (NP) in Maryland, that means the State’s Attorney’s office will not prosecute your case and you are no longer charged with the original offenses.  You have to be careful when you see the words nolle prosequi on the Maryland Case Search.  If you are charged with a felony and misdemeanor, the State may NP the felony charge but still proceed with the misdemeanor charges.

Can I expunge a Nolle Prosequi?

Yes, but under some restrictions.  If you have other charges pending, then you would not be eligible to expunge the NP.  You also cannot “leap frog” more recent charges.  So if 2001 your case was nolle prosequi and in 2013 you received a guilty for another charge, you cannot go back and file for an expungement for the 2001 case.

What is the Maryland Law for Nolle Prosequi?

Maryland Rule 4-247 defines a Nolle Prosequi and states:

“(a) Disposition by nolle prosequi. The State’s Attorney may terminate a prosecution on a charge and dismiss the charge by entering a nolle prosequi on the record in open court. The defendant need not be present in court when the nolle prosequi is entered, but if neither the defendant nor the defendant’s attorney is present, the clerk shall send notice to the defendant, if the defendant’s whereabouts are known, and to the defendant’s attorney of record. Notice shall not be sent if either the defendant or the defendant’s attorney was present in court when the nolle prosequi was entered. If notice is required, the clerk may send one notice that lists all of the charges that were dismissed.

(b) Effect of nolle prosequi. When a nolle prosequi has been entered on a charge, any conditions of pretrial release on that charge are terminated, and any bail bond posted for the defendant on that charge shall be released. The clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of that charge.”

How do I get a Nolle Prosequi in my case?

Speak with attorney Randolph Rice as soon after you’ve been charged with a crime.  Often time, we can talk to the State and work a deal where the State does not prosecute your case.  Contact the office at 410-288-2900 or email the office for immediate legal help.

Attorney Randolph Rice is a Maryland criminal and traffic defense attorney.  He was an Assistant State’s Attorney from 2006 until 2009 and since 2009 has defended individuals charged with criminal and traffic offenses in Maryland.  Are you looking for legal representation in Maryland, call the office today.

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