I know someone that currently incarcerated and is hopefully to be released towards the end of this year. They are still saying that there ar...

Question

I know someone that currently incarcerated and is hopefully to be released towards the end of this year. They are still saying that there are 2 charges on him but during trial, the words nol pros were mentioned. Would you think that the 2 charges remaining would be dismissed, considered time already served, or do you think that he will have to serve more time? I am very concerned!

Answer

The term nolle prosequi is used in reference to a formal entry upon the record made by a plaintiff in a civil lawsuit or a prosecutor in a criminal action in which that individual declares that he or she wishes to discontinue the action as to certain defendants, certain issues, or altogether. A nolle prosequi is commonly known as nol pros. Common reasons for a prosecutors decision to nol pros a particular charge include: (1) prosecutor has insufficient evidence to prove charged crime, (2) as part of a plea bargain, and (3) one or more of the charges merge with another charge to which the defendant intends to plead guilty.