In the Legal Term ''Nolle Prosequi,'' What Does ''Nolle'' Mean in Georgia?

If you pulled your court paperwork and saw “nolle prosequi” or “nolle prossed,” you are probably wondering if your case is really dismissed and whether it can ever come back. In Georgia, this Latin phrase has a specific meaning, and it can be very good news if it is handled correctly to protect your criminal record.

• “Nolle prosequi” (often shortened to “nolle pros” or “nolle prossed”) is a Latin term prosecutors use when they decide to stop prosecuting one or more criminal charges.
• In plain English, it usually means the charge is being dropped or dismissed, often because the state of GA does not believe it can prove the case beyond a reasonable doubt.

In Georgia, “nolle” is roughly translated as “will no longer,” and “prosequi” means “prosecute,” so the phrase literally means “will no longer prosecute.”

Nolle Prosequi vs Dismissal in Georgia

Many people ask if a nolle prosequi is the same as a dismissal.

• Functionally, “nolle pros” often acts like a dismissal without prejudice, meaning the prosecutor can sometimes refile charges within the statute of limitations.
• Some states (like New York) have largely moved away from the Latin phrase and simply mark a case “dismissed,” but Georgia law still recognizes nolle prosequi by statute.

Because the technical effect can depend on timing, double‑jeopardy rules, and speedy‑trial issues, it is important to let experienced Georgia criminal defense lawyer Larry Kohn or Cory Yager review the court record and explain exactly what it means for you.

How Nolle Prosequi Works under Georgia Law

Under Georgia law (O.C.G.A. § 17‑8‑3), a prosecutor can enter a nolle prosequi with the court’s consent after examining the case in open court and before it is submitted to a jury.

Key points from the statute and case law:

• Before the case goes to the jury, the prosecutor can move to nolle pros charges with the judge’s permission and does not need the defendant’s consent.
• After the case has been submitted to a jury, nolle prosequi generally cannot be entered unless the defendant agrees.
• The prosecutor must notify the defendant and the defendant’s lawyer within 30 days of the nolle prosequi, either personally or in writing sent to the last known address.

Georgia appellate decisions also address when a nolle prosequi can be vacated and when refiling new indictments is allowed, which can affect double‑jeopardy and speedy‑trial arguments.

Is a Nolle Prosequi a Good Outcome?

Most people see “nolle prossed” and want to know if that means they “won” the case.

• A nolle prosequi is usually good news because it means the state is choosing not to go forward on that charge as it is currently written.
• The real question is what happens next: whether the charge can be refiled, whether you qualify for record restriction (expungement), and how quickly your criminal history can be cleaned up.

In some situations, a nolle prosequi can open the door to arguing that re‑prosecution would violate your right to a speedy trial or protections against double jeopardy, but this is highly fact‑specific.

Can a Nolle Prosequi Case Be Reopened?

Whether a nolle prossed case can be reopened depends on:

• When the nolle prosequi was entered in relation to jury selection and jeopardy attaching.
• Whether the statute of limitations has run on the charge.
• Whether there are viable speedy‑trial or constitutional defenses based on delay.

Georgia courts have ruled that prosecutors may sometimes re‑indict within certain time frames after a nolle prosequi, while in other situations a later prosecution is barred. Because the rules are technical, have a lawyer analyze your case rather than assuming the state can never bring charges again.

Criminal Cases Where Nolle Prosequi Happens

Nolle prosequi can occur in a wide range of Georgia criminal cases, including:

• DUI charges when key evidence is missing or suppressed.
• Domestic violence cases where a key witness will not testify or the state cannot prove its case.
• Drug possession or drug trafficking cases when lab results, search issues, or chain‑of‑custody problems weaken the prosecution.

It can also appear in other felonies and misdemeanors, including theft, assault, and sex offense prosecutions, whenever the prosecutor decides not to proceed under the existing charges.

Nolle Prosequi in Other States

The basic idea of nolle prosequi is similar across common‑law systems, but each state has its own rules.

• Virginia, Illinois, Georgia, and Arkansas all have statutes or case law describing how and when a prosecutor can nol pros criminal charges.
• Some states treat a nolle prosequi like a dismissal without prejudice, while others restrict refiling or treat certain later dismissals as acquittals once jeopardy has attached.

If your case is outside Georgia, you should talk with a criminal defense lawyer in that state about what a nolle prosequi means for your record and whether the case can return.

Why Your Record Still Matters after a Nolle Pros

Even when a charge is nolle prossed, it does not automatically erase all traces of the arrest or case from your record.

• Background checks, employer searches, and professional licensing boards may still see the original arrest or charge unless record restriction or other relief is pursued.
• A lawyer can help you evaluate whether you qualify for record restriction or other options to minimize the long‑term impact on your future.

Nolle Prossed FAQ

Question: What does nolle prosequi mean in Georgia?
Answer: In Georgia, “nolle prosequi” means the prosecutor has chosen not to continue prosecuting a specific charge, often acting like a dismissal of that count.

Question: Is nolle prosequi the same as dismissal?
Answer: It often functions like a dismissal, but in many situations the prosecutor can still refile charges within the legal time limits, so a lawyer should review your specific case.

Question: Can a nolle prossed case in Georgia be reopened?
Answer: Yes, a prosecutor can sometimes refile charges within the statute of limitations.

Question: Does nolle prosequi show on a background check in Georgia?
Answer: Yes, it will show up as an arrest, but not a conviction. This record also can be sealed (expungement). Ask us how.

Call Our Atlanta Criminal Defense Lawyers

If your Georgia case was nolle prossed—or you are hoping for that outcome—you should speak with an experienced Atlanta criminal defense lawyer as soon as possible.

Kohn & Yager, LLC represents clients facing DUI, domestic violence, drug crimes, sex offenses, theft, assault, and other serious charges in Atlanta and throughout the state of Georgia. Call (404) 567‑5515 or contact us online for a free consultation with one of our three law partners to review your options and start protecting your future.

---