Discontinuance (Nolle Prosequi)

Once prosecutors decide not to continue prosecuting a case, they need to enter a discontinuance (previously known as nolle prosequi) to inform the court. A discontinuance document has to be submitted either to the County or Supreme Court to make this decision official.

It must be noted though that the discontinuance prosequi does not guarantee that the case can never proceed again. Although it is extremely rare for someone to be charged again for offences for which a discontinuance has already been filed, entering a discontinuance is not the same as a not guilty verdict that finalizes a case.

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