Termination of Charging Process By Nolle Prosequi

• Jurisdiction: Maryland

XVII. Termination of charging process by nolle prosequi

A "nolle prosequi" (nol pros) is "a formal entry on the record by the State that declares the State's intention not to prosecute a charge." Md. Code Ann., Crim. Proc. § 1-101(k). A nol pros must be entered in open court. Md. Rule 4-247(a); Williams v. State, 140 Md. App. 463 (2002); see Gilmer v. State, 389 Md. 656, 658 (2005); State v. Price, 385 Md. 261, 272 (2005).

"A nolle prosequi is simply the prosecution's abandonment of a charging document, count, or part of a count. It is a discontinuance of a prosecution by the authorized attorney for the State." Hooper v. State, 293 Md. 162 (1982) (internal citations and quotations omitted). In State v. Martin, 367 Md. 53, 55 (2001), the Court of Appeals recognized that the State may nol pros an entire charging document, a count within a charging document, or a degree of an offense, and may do so without the court's permission and without the defendant's consent. The Court stated:

"[E]ntry of a nolle prosequi is generally within the sole discretion of the prosecuting attorney, free from judicial control and not dependent upon the Defendant's consent," Ward v. State, 290 Md. 76, 83 (1981); see In re Darren M., 358 Md. 104, 112 (2000); Md. Rule

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