Legal Question in Criminal Law in New Mexico

I reside in N.M. I'm interested in knowing why it is when my case was nolle prosequed by a metro judge why did the district attorneys office pick it up? If it was worth trying in the court (and it's not) wouldn't the metro judge have continued? I don't understand how the D.A.'s office can continue with a case after the judge has dismissed it? Any advice is appreciated. I'm very frustrated & disappointed with how the legal system wheel turns.

Thank you.


Asked on 9/30/10, 5:56 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Your question requires more facts, as the ones you state are inaccurate. A judge cannot enter a Nolle Prosequi, only the prosecutor can do that. A judge can dismiss a case for any number of reasons, but s/he cannot NP it. If the judge dismissed your case without prejudice, then the DA can pick it up and refile it. If it gets dismissed again, however, that will end it. If it was dismissed with prejudice, it can never be refiled.

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Answered on 10/08/10, 4:19 pm


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