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Rule 4-247 – Nolle Prosequi

May 13, 2021 | Criminal Prodcedure, Maryland

(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.

Cross reference: For provisions relating to expungement of the records after a case has been dismissed by entering a nolle prosequi, see Rule 4-329. For provisions relating to a nolle prosequi with the requirement of drug or alcohol treatment in non-violent crimes, see Code, Criminal Procedure Article, § 6-229.

Md. Crim. Causes. 4-247

This Rule is derived from former Rule 782 a and b and M.D.R. 782 a and b.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 1, 1991, eff. Jan. 1, 1992; April 5, 2005, eff. July 1, 2005; June 7, 2011, eff. July 1, 2011.

HISTORICAL NOTES

2005 Orders

The April 5, 2005, order inserted the cross reference following section (b).

2011 Orders

The June 7, 2011, order rewrote section (a), which read:

“(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 in that even the clerk shall send notice to the defendant, if the defendant’s whereabouts are known, and to the defendants attorney of record.”

For provisions relating to expungement of the records after a case has been dismissed by entering a nolle prosequi, see Rule 4-329. For provisions relating to a nolle prosequi with the requirement of drug or alcohol treatment in non-violent crimes, see Code, Criminal Procedure Article, § 6-229.