Nolle Prosequi Louisiana

State:
Louisiana
Control #:
LA-5409
Format:
Word; 
Rich Text
Instant download

Description Nolle Prosequi

In this motion, the Office of the District Attorney states that the defendant was charged by Bill of Information with a certain crime, in violation of La. R.S. 40:967-(F)(C). The motion requests that the pending charges against the defendant be nolle prossed due to lack of sufficient evidence to prosecute. An order granting the motion is attached. Nolle prosequi is a Latin term meaning "we shall no longer prosecute". It is a declaration made by a prosecutor in a criminal case or by a plaintiff in a civil lawsuit either before or during trial, meaning the case against the defendant is being dropped.

Noble crossed or withdrawn in Pennsylvania refers to the legal process by which criminal charges against an individual are dropped or dismissed by the prosecution, typically at the request of the prosecutor or due to lack of sufficient evidence. This procedure effectively terminates the criminal case against the defendant. Below, you will find a detailed description of what noble crossed or withdrawn means in Pennsylvania, including different types that exist. Noble crossed in Pennsylvania: 1. Voluntary Noble Prose: This type of noble crossed occurs when the prosecutor decides to dismiss criminal charges against the accused voluntarily. This could happen when new evidence arises, witnesses become unavailable, or the prosecution believes that pursuing the case further is no longer in the public interest. 2. Pretrial Diversion Programs: Pennsylvania offers alternative measures to conventional prosecution for certain offenses or eligible individuals. The prosecutor may determine that it is beneficial for both the defendant and society to divert individuals away from the traditional criminal justice system. Under such programs, the accused may accept certain conditions, such as community service, counseling, or restitution, in exchange for the charges being noble crossed upon successful completion. 3. Lack of Sufficient Evidence: Prosecutors may request to noble cross charges if they recognize that the available evidence is insufficient to prove the defendant's guilt beyond a reasonable doubt. This decision is usually made after a thorough review of the evidence and consultations with law enforcement. Withdrawn in Pennsylvania: 1. Withdrawn Charges: Sometimes, charges are withdrawn by the prosecution when new information surfaces, indicating that the accused is innocent or not the primary perpetrator. This can occur due to the discovery of additional evidence, which may either clear the individual entirely or reduce their level of involvement in the alleged crime. 2. Victim's Request: In some situations, the victim of the alleged crime may request the withdrawal of charges either due to a change of heart, reconciliation, or personal reasons. The prosecutor may consider this request and choose to withdraw the charges if they believe it is appropriate and does not pose a risk to public safety. 3. Administrative Reasons: Occasionally, criminal charges may be withdrawn for administrative reasons such as missed deadlines, violated rights of the accused, procedural errors, or issues with the investigation. These administrative lapses may undermine the integrity of the case, leading to the withdrawal of charges. It is important to note that while noble crossed or withdrawn charges result in the termination of the criminal case against the defendant, it does not necessarily mean the accused is proven innocent. It simply signifies that the prosecution has chosen not to pursue the charges any further, either temporarily or permanently, due to the reasons mentioned above.

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Nolle Prosequi Louisiana