A nolle prosse — formally called a nolle prosequi — is when the prosecutor decides to drop your charges. If you just saw those words on your paperwork or heard them in court, that’s generally good news. But there’s more to understand, and the details matter.
Where Does the Word Come From?
“Nolle prosequi” (pronounced NOL-ee PROS-eh-kwee) is Latin for “we are unwilling to pursue.” In practice, lawyers and judges shorten it to “nolle prosse” or “nol pros.” All three terms mean the same thing: the prosecution is formally walking away from the case against you.
Who Decides to Enter a Nolle Prosse?
In Massachusetts, this decision belongs entirely to the district attorney’s office. The DA doesn’t need a judge’s permission. They don’t need your consent. They don’t need to ask anyone. Under Massachusetts Rule of Criminal Procedure 16, the power to enter a nolle prosequi is the prosecutor’s alone — it’s described under Massachusetts law as “absolute.”
The DA does have to file a written statement explaining their reasons. But the decision itself? That’s theirs to make.
This is different from how things work at the federal level, where prosecutors need court approval to drop charges. In Massachusetts, the DA can end your case unilaterally.
Why Would a Prosecutor Drop My Charges?
There’s no single answer. Prosecutors nol pros cases for many reasons, including:
A witness became unavailable.
Evidence problems
The interests of justice
This is a broad standard that gives prosecutors flexibility. A DA may decide that pushing forward simply isn’t the right call given the circumstances.
You completed a program
If you finished pretrial probation or another diversion program, a nolle prosse is often how the case formally closes.
The DA doesn’t owe you an explanation beyond what’s in that written statement. But a good defense attorney can often influence this process — by exposing weaknesses in the Commonwealth’s case, advocating for you directly with the prosecution, and making clear why pursuing charges isn’t in the interest of justice.
Is a Nolle Prosse the Same as a Dismissal?
They feel similar, but they’re legally different — and the difference matters.
A nolle prosse is the prosecutor’s decision. The DA ends the case on their own authority, without going through the court.
A dismissal is the court’s decision. A judge dismisses a case — often after a defense attorney files a motion arguing that the case should be thrown out. The defendant and their attorney are actively involved in that process.
One way to think about it: a dismissal is something you fight for in front of a judge. A nolle prosse is something the DA decides on their own.
A Crucial Difference Under Rule 36
Massachusetts Rule of Criminal Procedure 36 gives you the right to have your case resolved within 12 months of arraignment. If the prosecution doesn’t bring the case to trial within that window, your attorney can move to have the charges dismissed on speedy trial grounds.
Here’s where the nolle prosse vs. dismissal distinction becomes especially important — if the prosecution ever refiles charges against you.
When a DA nol prosses your case and later refiles, the time between the nolle prosse and your new arraignment is excluded from the Rule 36 speedy trial clock. That gap doesn’t count against the prosecution. They get a cleaner slate.
When a court dismisses a case and the prosecution refiles, there is no such exclusion. That gap period counts toward the 12-month clock. The prosecution has less time before you can raise a speedy trial challenge.
In plain terms: a court-ordered dismissal puts more pressure on the prosecution to move quickly if they try to refile. A nolle prosse gives them more breathing room. This is one reason why the route to ending your case — and the terms under which it ends — matters beyond just getting charges dropped.
Does a Nolle Prosse Mean It's Over for Good?
Not always. Unless the nolle prosse is entered “with prejudice,” the prosecution can refile the charges as long as the statute of limitations hasn’t expired. That means a nol pros isn’t an acquittal, and it doesn’t trigger double jeopardy protection.
The charges also stay on public records — your arrest and the case itself can still show up on background checks unless you take steps to seal or expunge your record.
The bottom line: a nolle prosse is a real win, but it may not be the final word. Understanding what it means — and what could come next — is important.
What Should You Do If Your Case Was Nol Prossed?
First, take a breath. Having charges dropped is a meaningful outcome, and it’s worth acknowledging. But there are still smart next steps:
- Find out whether the nol pros was entered with or without prejudice.
- Ask an attorney whether the charges could be refiled, and what the statute of limitations looks like.
- Look into whether your record can be sealed or expunged.
If you’re in eastern Massachusetts and have questions about your case — whether it was just nol prossed, is still pending, or you’re worried about what comes next — we are here to help. At the Law Office of Matthew W. Peterson, with 15 years of combined legal experience, we defend clients with pending cases or facing serious charges. Call us or text us at 617-391-0060 to set up a phone call.
