Motion for nolle prosequi

If the prosecution cannot prove its case or there is a fatal flaw in its evidence then it can be the prosecution itself that requests the court to no longer pursue charges against the defendant. This type of request is called a motion for nolle prosequi, which literally means that the prosecution has decided not to prosecute. This motion is often filed if new evidence has come to light either proving the defendant’s innocence or exposing a serious flaw in the prosecution’s case. A motion for nolle prosequi is basically the prosecution asking that the judge throw out the case because the defendant is either innocent or there is clearly not enough evidence to lead to a conviction.