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bargain and get a guaranteed conviction as opposed to taking a chance of an acquital.”
Nolle Prosequi
—What about nolle prosequi? We’ve heard a number of comments regarding the number of nolle prosequi cases here. When do you decide not to prosecute?
Luke: “Let me start off by defining what nolle prosequi is. A nolle prosequi is where the commonwealth declines to prosecute. It’s not the same as a dismissal because when a case is nolle prosequed, the commonwealth can reinstitute the charge at a later date. It leaves the avenue open of a person being charged again with the same crime.
“Nolle Prosequi can be used as a form of plea bargaining. If you have a case with insufficient evidence, there may be no lesser included offense that you can charge a person with. That's when you consider
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