Louisiana Motion to Nolle Prosse
What is this form?
The Motion to Nolle Prosse is a legal document filed by the Office of the District Attorney in a criminal case. This motion requests that the court dismiss pending charges against a defendant due to insufficient evidence to support prosecution. Nolle prosequi, a Latin term meaning "we shall no longer prosecute," signifies that the prosecution is choosing to drop the charges. This form is distinct from other motions as it specifically addresses cases where lack of evidence is the primary reason for dismissing the charges.
Form components explained
- Title and court information, including parish and docket number.
- Identification of the defendant and the specific charge they face.
- Request from the Assistant District Attorney to nolle prosse the charges.
- Order section for the district judge to confirm the motion.
When to use this document
You should use the Motion to Nolle Prosse when the District Attorney's Office determines that there is insufficient evidence to proceed with criminal charges against a defendant. This form is crucial for formally notifying the court of the decision to drop charges, which can occur before or during a trial.
Intended users of this form
- District Attorneys or Assistant District Attorneys handling criminal cases.
- Legal representatives of defendants facing charges that are being reconsidered.
- Judges who require a formal request from the prosecution to dismiss charges.
Instructions for completing this form
- Fill in the title and relevant court information, including the parish and docket number.
- Identify the defendant by entering their full name and the specific charge against them.
- State the reason for the motion, indicating the lack of sufficient evidence for prosecution.
- Have the Assistant District Attorney sign the motion for final authorization before filing.
- If applicable, prepare an order for the judge to review and sign, confirming the motion.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to provide complete defendant information, such as name or charge.
- Not obtaining the required signature from the Assistant District Attorney.
- Neglecting to include relevant statutory references or legal precedents.
Benefits of completing this form online
- Convenience of downloading and customizing the form to fit specific case requirements.
- Accessibility to trusted templates reviewed by licensed attorneys.
- Ability to complete the form at your own pace, reducing the pressure of time constraints.
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FAQ
Certain crimes in Louisiana are not eligible for expungement, including violent felonies and sexual offenses. These exclusions are essential to understand for anyone considering a Louisiana Motion to Nolle Prosse. Knowing what can and cannot be expunged helps individuals make informed decisions about their legal standing. For specific guidance, utilize platforms like uslegalforms to clarify your options and rights under Louisiana law.
Nolle prosequi is a Latin phrase meaning will no longer prosecute or a variation on the same. It amounts to a dismissal of charges by the prosecution.Rather, they simply use the term dismissal. The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it.
Nolle pros means not prosecuted. Your case was dismissed or at least the charge that was nolle prossed. If you never went to trial, never pled guilty and never were sentenced, you were not convicted...
Yes, potential employers can see all of the charges if they run a background check. They may or may not notice that the disposition of the cases was nolle prosequi. They may just see a list of charges.
Nolle prosequi is a Latin phrase meaning will no longer prosecute or a variation on the same. It amounts to a dismissal of charges by the prosecution.Rather, they simply use the term dismissal. The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it.
This is not a conviction. It is NOTHING. It was dismissed. However, it remains on the electronic court record which many employment services check to see if you were previously arrested.
Nolle prosequi means the case was not prosecuted by the Commonwealth and they can choose to bring the charge back under certain circumstances. Dismissal is done by the judge and it can be with or without prejudice, meaning the...
(nol-ee pros-ee-kwee) Latin for "we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case or a plaintiff in a civil case stating that he will no longer pursue the matter.
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.
Why would the prosecutor use a nolle pros to delay my case? The nolle pros allows the prosecution to manage when the case is brought to trial. The temporary dismissal gives the prosecutor more time to identify and gather evidence, such as locating additional witnesses or documents.
