<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by need2no:
If the states attorney enters a nolle prosequi on a case can they later retract this order and still prosecute a person?<HR></BLOCKQUOTE>
My response:
Yes. NOLLE PROSEQUI is an entry made on the record, by which the prosecutor declares that he will proceed no further - for the time being.
In criminal cases, a nolle prosequi may be entered at any time before the finding of the grand jury, by the attorney general, and generally after a true bill has been found; for example, in Pennsylvania, in consequence of a statutory provision, no nolle prosequi can be entered after a bill has been found, without leave of the court, except in cases of assault and battery, fornication and *******y, on agreement between the parties, or in prosecutions for keeping tippling houses.
A nolle prosequi may be entered as to one or several defendants. The effect of a nolle prosequi, when obtained, is to put the defendant on trial without a trial date, but it does not operate as an acquittal; for he may be afterwards reindicted, and even upon the same indictment, fresh process may be awarded.
IAAL
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