In Georgia law, “nolle prosequi,” often abbreviated as “nolle pros,” is a legal term that refers to the decision by a prosecutor to voluntarily discontinue prosecution of a case. This decision can be made at any point during the criminal proceedings, up until a verdict is reached. When a nolle prosequi is declared, it effectively means the prosecutor chooses not to pursue the case any further.
The Georgia Code addresses the Nolle Pros in OCGA §17-8-3. OCGA §17-8-3 provides in pertinent part,
After an examination of the case in open court and before it has been submitted to a jury, the prosecuting attorney may enter a nolle prosequi with the consent of the court. After the case has been submitted to a jury, a nolle prosequi shall not be entered except by the consent of the defendant. The prosecuting attorney shall notify the defendant and the defendant’s attorney of record within 30 days of the entry of a nolle prosequi either personally or in writing; such written notice shall be sent by regular mail to the defendant at the defendant’s last known address and to the defendant’s attorney of record.
Several reasons may lead a prosecutor to decide on a nolle prosequi:
- Insufficient Evidence: If new evidence emerges that weakens the prosecution’s case or if there is insufficient evidence to prove the defendant’s guilt beyond a reasonable doubt, the prosecutor may choose to drop the charges.
- Witness Issues: Problems with key witnesses, such as unavailability, unwillingness to testify, or recanting their statements, can lead to a nolle prosequi.
- Legal Problems with the Case: If there are issues related to the legality of the evidence or how it was obtained (e.g., violation of constitutional rights), the prosecutor might decide not to proceed.
- Interest of Justice: Sometimes, the prosecutor may conclude that proceeding with the case is not in the best interest of justice. This could be due to the defendant’s circumstances, the nature of the crime, or other mitigating factors.
It’s important to note that a nolle prosequi is not the same as a not guilty verdict, an acquittal or a dismissal. It does not equate to a determination of innocence, nor does it prevent the prosecutor from re-filing charges at a later date, should they choose to do so and if it’s still within the statute of limitations. However, in practical terms, a nolle prosequi often means the end of the legal battle for the defendant in many cases.
As a Georgia DUI lawyer with over 30 years of experience, I have dedicated my career to helping individuals navigate the complexities of DUI cases. My approach is grounded in empathy, understanding that facing a DUI charge can be a stressful and life-altering experience. With my extensive knowledge of Georgia’s DUI laws and court procedures, I work tirelessly to provide the most effective legal representation.
I understand that every case is unique, and I take the time to listen to my clients’ concerns and circumstances. This allows me to tailor my legal strategy to each individual’s needs, ensuring that their rights are protected at every stage of the process. Over the years, I’ve honed my skills in negotiating with prosecutors and arguing cases in court in front of judges and juries, always aiming to achieve the best possible outcome for my clients.
Staying updated with the latest legal developments and leveraging my vast experience and the latest in technology, I’m able to offer informed advice and guide my clients through difficult decisions. Whether it’s contesting the legality of a traffic stop, challenging breathalyzer or blood test results, objecting to junk science or negotiating for reduced charges, I’m committed to providing compassionate and skilled legal representation.
Remember, a DUI charge doesn’t have to define your future. With the right legal guidance, you can navigate this challenge and move forward with your life.
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