When your criminal case is dismissed through something called nolle prosequi (often shortened to nolle pros), it’s natural to feel relief. You might believe the legal battle is behind you, and you can finally move forward. But is that really the end of the road? Or can the case come back?
If you’re facing this situation or just want to understand how the legal system works, this guide will walk you through everything about nolle prosequi and whether such a case can be reopened.
What Does Nolle Prosequi Mean?
Nolle prosequi is a Latin term that means “we shall no longer prosecute.” In plain English, it means the prosecutor has decided to drop the charges against you. This is usually a formal request made by the State’s Attorney or District Attorney and approved by the court. Once accepted, the charges are dismissed, and the case is closed—for the time being.
But here’s the key point: A nolle prosequi is not the same as an acquittal or a not-guilty verdict. It’s not a final declaration that you’re innocent. It’s simply the prosecutor’s decision to stop pursuing the case at that time. That means, in some cases, the same charges can be brought back later.
Why Do Prosecutors Enter a Nolle Prosequi?
There are many reasons a prosecutor might decide to drop charges through a nolle prosequi. Some of the most common include:
- Lack of sufficient evidence to proceed to trial
- Uncooperative witnesses or victims who fail to appear in court
- Issues with police procedure, such as unlawful searches or improper arrests
- Strategic reasons, like needing more time or planning to refile under different charges
- Waiting for stronger evidence, such as lab results or additional testimony
In some cases, the prosecutor might even mention in court that they’re dropping the case “with leave to refile,” which signals that they may come back to it later if circumstances change.
Is a Nolle Prosequi the Same as a Dismissal?
It’s easy to confuse a nolle prosequi with a dismissal, but they’re not quite the same.
- A dismissal with prejudice means the charges are dropped permanently. The prosecutor cannot bring them back.
- A dismissal without prejudice means the charges can be refiled.
- A nolle prosequi functions like a dismissal without prejudice. It doesn’t stop the prosecutor from reopening the case in the future.
This is why it’s important not to assume that a nolle prosequi means the case is over for good.
Can a Nolle Prosequi Case Be Reopened?
The Short Answer: Yes, under certain conditions, your case can be reopened.
Just because charges were dropped doesn’t mean they’re gone forever. Here are the main reasons a nolle prosequi case might be revived.
The Statute Of Limitations Has Not Expired
Every crime comes with a statute of limitations—a time limit for how long the State has to bring formal charges. If your case was nolle prossed before that time limit ran out, the prosecutor can refile the same charges as long as the deadline hasn’t passed.
For example:
- Misdemeanors in many states (including Maryland) generally have a 1-year statute of limitations.
- Felonies, especially serious ones like murder or sexual assault, may have no time limit at all.
So, if your misdemeanor case was dropped 8 months after it was filed, the State still has about 4 months left to reopen it.
New Evidence Or Witnesses Become Available
One of the most common reasons for a nolle prosequi is lack of evidence or missing witnesses. If a key witness changes their mind and agrees to testify, or new evidence is discovered (like video footage or DNA results), the prosecution may choose to reopen the case.
This happens often in:
- Domestic violence cases
- Theft or robbery charges
- Sexual assault cases
- Assault with limited or no witnesses
If the prosecutor now believes the case is strong enough, they may file the charges again.
Multiple Charges Were Filed
If you were facing several charges, the prosecutor might choose to nolle pros only one or two of them. Later, if something changes, they could revisit the dropped charges while continuing with the remaining ones.
This means that even if part of your case was dismissed, it’s not uncommon for it to come back depending on the legal strategy.
When Can’t a Nolle Prosequi Case Be Reopened?
Now that you know when a case can be reopened, it’s just as important to know when it can’t. Here are some situations where a nolle prosequi case is done for good:
The Statute of Limitations Has Expired
Once the legal time window for filing charges is over, the case can’t be reopened—no matter what evidence comes up later.
A Judge Issued a Dismissal With Prejudice
This is rare in nolle prosequi situations, but if a judge dismisses the case with prejudice (perhaps due to a serious legal violation), the charges cannot be brought again.
Double Jeopardy Applies
Under the Fifth Amendment, you can’t be tried twice for the same crime. However, this only applies if a trial actually began—for example, if witnesses were called or the jury was sworn in. Since nolle prosequi usually happens before trial, double jeopardy doesn’t apply in most cases.
What Happens If Your Case Is Reopened?
If your nolle prosequi case is reopened, the process typically starts all over again:
- You may be re-arrested or receive a new summons
- You’ll go through arraignment again
- You might need to post bond once more
- The case proceeds to pretrial motions, plea negotiations, or trial
This is why it’s critical to have an attorney on your side as soon as you learn that charges may be coming back. An experienced criminal defense lawyer can challenge the reopening, question the timing, and look for any violations of your rights.
Can You Expunge a Nolle Prosequi Case?
Yes. In most states, a case that ends in a nolle prosequi is eligible for expungement. This means the court records related to your arrest and charges can be removed from public view.
When Can You Expunge a Nolle Prosequi?
- Right away in many states, unless restricted by special conditions
- As long as you don’t have any pending charges
- If the nolle prosequi was not part of a plea agreement that included other convictions
Expunging a nolle pros case can make a big difference, especially when applying for jobs, housing, or loans. It helps clear your name and avoids unnecessary background check issues.
However, some cases marked as “nolle pros with conditions” may have waiting periods before expungement. Be sure to check your state’s expungement laws or consult with a lawyer.
Is Nolle Prosequi the Same as Nolo Contendere?
These two Latin phrases often confuse people, but they’re completely different.
| Term | Meaning | Impact |
| Nolle Prosequi | Prosecutor drops charges | Case dismissed, may be reopened |
| Nolo Contendere (No Contest) | You don’t admit guilt, but don’t fight charges either | Treated like a guilty plea, often used to avoid civil liability |
In short, nolle prosequi is the prosecutor’s decision, while nolo contendere is your choice as the defendant.
What Should You Do If You’re Facing a Reopened Case?
If you learn that the State is planning to reopen a case that was previously nolle prossed, here are important steps to take:
- Hire a criminal defense attorney immediately: This is not something to handle alone. You need someone who understands the law and the possible defenses.
- Ask if the statute of limitations has expired: If it has, the case should be thrown out.
- Check the court’s original order: Was the nolle prosequi entered with conditions? Were other charges involved?
- Gather evidence to show hardship or bad faith: If the prosecution waited too long or used the nolle prosequi unfairly, your attorney may have grounds to challenge the reopening.
Final Thoughts
A nolle prosequi dismissal can feel like a legal win—and in many cases, it is. But unless the case is dismissed with prejudice or the statute of limitations has expired, the door is still open for the charges to return.
To protect yourself:
- Understand your rights
- Stay informed about your case
- Talk to a qualified criminal defense lawyer
- Consider expungement to seal the record, if eligible
Knowing what a nolle prosequi really means can help you move forward with clarity, and take action if the past comes knocking again.