Legal Question in Criminal Law in Michigan

nolle proseqi

once a misdeamoner no contest plea has been entered can it later be converted to nolle proseqi


Asked on 12/22/08, 4:04 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: nolle proseqi

A "nolle prosequi" is a dismissal request filed by the prosecuting attorney. Why would the prosecuting attorney agree to dismiss a charge for which the defendant has been convicted via a plea?

You (or your attorney) would have to talk with the prosecuting attorney's office handling the case to see if they would dismiss the case. It'd be odd to do, however. Most dismissal deals are struck before a plea is entered.

Even if the prosecuting attorney will not dismiss this case after-the-fact, if this conviction is your one and only misdemeanor and felony criminal conviction ever, anywhere, you may be able to have the conviction "set aside" by filing a petition to set aside your conviction with the court where you were convicted. This prosess is sometimes called "expungement". You can search the lawguru.com Q&A Database for the hundreds of past questions and answers from people about expungements or setting aside convictions.

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Answered on 12/29/08, 11:09 am


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