Legal Question in Criminal Law in Illinois
Violation of Probation and the meaning of NolleProsequi
My felony probation is being voilated because of three misdemeanor chareges that was stricken and dismissed from the docket, even the word Nolle Prosequi was used. I dont understand any of this and my lawyer refuses to help me or even listen to me.
1 Answer from Attorneys
Re: Violation of Probation and the meaning of NolleProsequi
The term "Nolle Prosequi" is an ancient French legal term which has survived for many years. It simply means in your situation that the state's attorney(or prosecutor) has decided "not to prosecute". This is one of the several options available to the prosecutor, and may have been the result of efforts by your attorney, or perhaps the unwillingness of any "victim" to pursue the charges, or simply that the prosecutor had more important things to do. Unfortunately, the state may still seek to have your probation terminated (revoked) upon the grounds that your being arrested and charged with the misdemeanors are themselves violations of the conditions of your probation. You are entitled to a hearing on these matters, or your attorney may be able to negotiate a deal which would allow you to complete your probation. After a hearing, if necessary, the Court may agree with the state and revoke the probation or decide that your probation should continue. I hope that this explanation is helpful. Your attorney should certainly take the time to explain everything to you so that you will be able to make the best possible decisions when the time comes. Please continue to try to communicate with your attorney and be sure to get all of the explanations and advice you need. Good luck.
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