- Dorothy Naumann
- Indian River County, FL
Definition of nolle prosequi in Florida
Nolle prosequi is a Latin term meaning “will not prosecute.” In Florida criminal proceedings, a nolle prosequi is the formal declaration by the State Attorney that the State will not proceed with prosecution of a charge. Florida Rule of Criminal Procedure 3.190(a) governs the filing of a nolle prosequi.
A nolle prosequi may be filed at any stage of the criminal proceeding before jeopardy attaches, that is, before a jury is sworn or before the first witness is sworn in a non-jury trial. After jeopardy attaches, the State may not file a nolle prosequi and re-file charges without implicating double jeopardy protections.
Reasons a State Attorney may file a nolle prosequi
The State Attorney has broad discretion to file a nolle prosequi for any reason consistent with the interests of justice. Common reasons include insufficient evidence to proceed, unavailability of key witnesses, discovery of new evidence that undermines the original charging decision, or a determination that prosecution is not in the public interest.
The filing of a nolle prosequi is a unilateral action by the State Attorney. The defendant does not have the right to demand a nolle prosequi, nor does the court have the authority to compel the State Attorney to file one.
Effect of a nolle prosequi on the defendant
A nolle prosequi does not constitute an acquittal. It is a dismissal without prejudice in most circumstances, meaning the State Attorney may re-file the same charges at a later time if additional evidence becomes available, provided the statute of limitations has not expired.
Under Florida Statute 775.15, the statutes of limitations for criminal offenses range from one year for second-degree misdemeanors to no limitation for capital offenses. A nolle prosequi does not toll the statute of limitations, and the time continues to run while charges are not pending.
Nolle prosequi and record eligibility
A charge that has been nolle prossed, the past tense commonly used for nolle prosequi, may be eligible for expungement under Florida Statute 943.0585, provided the person meets all other eligibility requirements. A nolle prossed charge is treated the same as a dismissed or acquitted charge for purposes of expungement eligibility.
A person who has a charge nolle prossed and who has never been adjudicated guilty of any criminal offense may apply for expungement through the Florida Department of Law Enforcement. Expungement of a nolle prossed charge results in the physical destruction of the record by all criminal justice agencies.
Frequently asked questions
What does nolle prosequi mean in Florida?
Nolle prosequi is the formal declaration by the State Attorney not to proceed with prosecution of a criminal charge. It is governed by Florida Rule of Criminal Procedure 3.190(a) and results in dismissal of the charge.
Can charges be refiled after a nolle prosequi in Florida?
Yes, in most circumstances. A nolle prosequi is a dismissal without prejudice, meaning the State Attorney may re-file the same charges within the applicable statute of limitations under Florida Statute 775.15.
Is a nolle prossed charge eligible for expungement in Florida?
Yes. A charge that has been nolle prossed is treated as a dismissed charge for purposes of expungement eligibility under Florida Statute 943.0585, provided the person meets all other statutory requirements.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.