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Wednesday, September 14, 2011

What is a Nolle Prosequi in Maryland Criminal Cases

Have you been charged with a criminal offense in Maryland?  You need to contact the Maryland Criminal Defense Attorney G. Randolph Rice, Jr., Esquire, at 410-288-2900.  A Baltimore based criminal defense, DUI, DWI, and traffic violation attorney, as a former Assistant State's Attorney, Mr. Rice has handled thousands of cases for clients.  Let his experience go to work for you in the Courtroom.

Mr. Rice is often asked; What is a Nolle Prosequi or "Nolle Pros" in Maryland.  Below find the Maryland Rule that sets forth the procedure for a Nolle Prosequi in Maryland Courts.  Contact Mr. Rice if you are facing criminal charges in Maryland, conviction on your record can affect you for the rest of your life, jeopardizing jobs, relationships, and your reputation in the community.

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*** Current through chapters of the 2011 Regular Session of the General Assembly
that took effect through July 1, 2011 ***


Md. Rule 4-247 (2009)

Rule 4-247. Nolle prosequi 

   (a) Disposition by nolle prosequi. The State's Attorney may terminate a prosecution on a charge and dismiss the charge by entering a nolle prosequi on the record in open court. The defendant need not be present in court when the nolle prosequi is entered, but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the nolle prosequi was entered. If notice is required, the clerk may send one notice that lists all of the charges that were dismissed.

(b) Effect of nolle prosequi. When a nolle prosequi has been entered on a charge, any conditions of pretrial release on that charge are terminated, and any bail bond posted for the defendant on that charge shall be released. The clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of that charge.

Nolle Prosequi
Maryland Criminal Defense Attorney
G. Randolph Rice, Jr., Esquire