Legal Question in Criminal Law in Illinois
Dismissed trial
My dad was charged with Criminal tresspassing & criminal damage to property. His trial was dismissed but I believe the judge used the word ''noiled''. Is that correct? And can the victim just arbitrarily reopen the case at any time in the next year and a half?
1 Answer from Attorneys
Re: Dismissed trial
The term nolle refers to a short version of the Latin phrase "nolle prosequi" which essentially meand the state has declined to prosecute. That does terminate the case. For misdemeanors, there is an 18 month statute of limitations that allows a case to be refiled after a nolle. However, this is not up to the victim, it is up to the State. When I was a State's Attorney it was very rare to refile a case that was nolled. There can be a variety of reasons for a nolle, but most often in misdemeanors there is a an alleged victim with second thoughts. In that kind of case, I have never seen a case refiled.
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