What Is A Nolle Prosequi in Florida?

David Weisselberger | April 6, 2024

e-filing portal logo
national trial lawyers top 40 under 40 logo
bbb logo
florida bar logo
aba logo
shopper approved logo
lawpay logo

It’s important to understand what nolle prosequi in Florida’s legal system mean. In a nutshell, when there’s a nolle prosequi, it means that the State Attorney’s office has decided not to pursue formal charges against the individual. 

This legal move is sometimes called “dropping the case”. From the name itself, it suggests that it can affect the outcome of the criminal case, and even more significantly, the individual’s legal situation. 

In this article, we will discuss nolle prosequi, why it is entered, how it works, and more. So, without further ado, let’s get started!

What Is A No Information?

A “No Information” declaration in legal proceedings signifies the State Attorney’s decision not to pursue formal charges against an individual in Florida. This determination often arises due to insufficient evidence, witness issues, or other factors hindering the prosecution’s case.

what is a no information

“No Information” isn’t the same as a formal indictment. It indicates there’s no formal charge initiated. It reflects the State Attorney’s discretion in evaluating the viability of the case. This decision greatly affects legal proceedings. Consequently, it directly impacts the individual’s legal standing and rights.

What Is A Nolle Prosequi in Florida?

A Nolle Prosequi in Florida is a legal term indicating the formal abandonment of prosecution by the state against a defendant. This decision is typically made by prosecutors due to various reasons, including insufficient evidence, witness credibility issues, or legal technicalities.

nolle prosequi meaning

When a Nolle Prosequi is entered, it effectively halts the criminal proceedings against the accused individual, releasing them from the pending charges.

This legal maneuver carries significant implications for both defendants and the judicial system. It signifies the state’s acknowledgment of deficiencies in the case. Or it determines that pursuing prosecution is not warranted under the circumstances.

Also Read: What Does Adjudication Withheld Mean In Florida?

No Information vs Nolle Prosequi: What's The Difference?

Understanding the distinction between “No Information” and “Nolle Prosequi” is vital to understand legal proceedings in Florida. While both terms involve the cessation of prosecution, they differ in procedural aspects and implications. 

“No Information” signifies the State Attorney’s decision not to pursue formal charges against an individual; this is often due to insufficient evidence or other factors. 

Conversely, “Nolle Prosequi” denotes the prosecutor’s formal abandonment of ongoing prosecution. This indicates the state’s choice not to proceed with the case.

Dismissal vs Nolle Prosse: What Is Better?

Determining whether a dismissal or a Nolle Prosequi (Nolle Prosse) is better depends on various factors inherent to each situation. 

A dismissal occurs when the court rejects charges against a defendant; this is often due to procedural errors or lack of evidence. 

In contrast, a Nolle Prosequi involves prosecutors dropping charges before trial, typically due to evidentiary issues or other legal considerations.

Choosing between dismissal and Nolle Prosequi depends on the case details, like their effect on the defendant’s record and future legal matters.

Looking for a Florida expungement lawyer?

Erase The Case provides the fastest expungement service at affordable price.

How A Nolle Prosequi Is Entered?

A Nolle Prosequi in Florida is submitted through formal documents by prosecutors to the court. This paperwork is an official statement stating they won’t pursue criminal charges against the defendant. Once submitted, the Nolle Prosequi ends the criminal case against the accused, relieving them of pending charges.

How A Nolle Prosequi Is Entered?

The process of entering a Nolle Prosequi involves careful consideration by prosecutors. They need to think about things like how strong the evidence is, if the witnesses are believable, and other legal stuff. Deciding to enter a Nolle Prosequi is a big deal for both the defendant and the legal system.

Why A Prosecutor Enter A Nolle Prosequi?

Prosecutors may enter a Nolle Prosequi in Florida for various reasons. Common factors prompting this decision include the following:

  • Insufficient Evidence: Prosecutors opt for a Nolle Prosequi when evidence is inadequate for a conviction.
  • Witness Credibility: Unreliable witnesses or credibility issues prompt prosecutors to consider a Nolle Prosequi.
  • New Exculpatory Evidence: Emerging evidence favoring the defendant may lead to a Nolle Prosequi.
  • Prosecutorial Discretion: Prosecutors decide on cases based on severity, criminal history, and public interest.
  • Legal Priorities: Shifting legal priorities may influence the decision to drop cases via Nolle Prosequi.
  • Strategic Considerations: Nolle Prosequi may be part of a broader legal strategy focusing on stronger cases or alternative justice pathways.

The State’s Discretion on Nolle Prosequi

Deciding on Nolle Prosequis is up to the state, balancing legal and practical concerns. Prosecutors decide if they should continue or drop criminal charges based on factors like:

  • Evidence;
  • Public interest, and
  • Case priorities. 

This discretion only shows how complex criminal justice is. Therefore, they must prioritize fairness and accountability throughout the legal proceedings.The thing is that it’s a delicate balance between enforcing the law and guaranteeing justice prevails.

Also Read: 


Generally, if your case was nolle prosequi in Florida, it means the prosecution decided not to pursue charges. As a result, you typically won’t have a criminal record associated with those charges.

A nolle prosequi (or nol pros) signifies the prosecution’s decision not to proceed with the case. It effectively dismisses the charges against the defendant. Consequently, it led to the termination of legal proceedings related to those charges.

Nol Pros Code 4 in Florida refers to a specific code used by prosecutors to indicate the reason for entering a nolle prosequi. It signifies that the decision to nol pros the case is based on lack of sufficient evidence to proceed or secure a conviction.

5/5 - (4 votes)
best Florida expungement lawyers
David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

Trusted process. Proven results.

We have provided more expungements than any other law firm in the state of Florida, but don't just take our word for it.  
google reviews
  • google logogoogle reviews stars
    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
    Lee County
  • google logogoogle reviews stars
    "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. "
    Miami-Dade County
  • google logogoogle reviews stars
    "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!"
    Broward County
  • google logogoogle reviews stars
    "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything."
    Orange County
  • google logogoogle reviews stars
    "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you."
    Hillsborough County
  • google logogoogle reviews stars
    "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David"
    Palm Beach County
  • google logogoogle reviews stars
    "Erase the case has been a pleasure to work with. Attorneys are respectful of your situation and provide realistic honest expectations. They are very responsive and there if you need to contact them. It's great to be able to speak directly with the attorney regarding any issue."
    Duval County
  • google logogoogle reviews stars
    "Great communication and keeping me updated with the process. He handled everything so professionally and kept in the loop at all times. I highly recommend EraseTheCase! Thank you so much for your assistance with my case."
    Pinellas County
  • google logogoogle reviews stars
    "David made the process simple and thoroughly explained everything. He made himself available to answer questions and was timely in responding to emails. He is very knowledgeable In this area and I would recommend him to anyone looking to complete this process."
    Polk County
Click to see more reviews.
google reviews logoshopper approved logo
phone-handsetcrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram