Sandro Tomasi Jun 26, 2021:

@Robert «None of these three terms specifically means the court has to have been involved»

That is true with a DP: no charges filed in court, no need for judicial action. At the same time, I’ve never heard of a prosecutor say inside a courtroom about dropping charges that were already docketed with the court that she will decline to prosecute. DP, each time I’ve heard it, is always in ref. to an arrest that was not charged. But for a dismissal or nolle the court must allow it (at least in NY) as they pertain to judicial oversight once a case is docketed.

«Per the Georgia link again:
"Loosely defined, it means to decline to prosecute. So, nolle prosequi refers to a prosecutorial decision to no longer prosecute or to decline the prosecution of a pending criminal case"»

Emphasis on “loosely defined.” And nolle = “to no longer” prosecute or DP of a “pending criminal case.”

Sandro Tomasi Jun 26, 2021:

It looks like the Jackson material is loosely written, legally speaking, as it is addressed for laypersons.

Robert Carter Jun 25, 2021:

Another link:
"Factors That May Result in Dismissing a Case
There are a number of factors that may result in a prosecutor or judge agreeing to dismiss your case. Some common reasons for dismissal include:

Insufficient evidence – in some cases your attorney may be able to convince the prosecutor that there isn’t enough evidence to build a solid case, leading to the prosecutor dropping charges before filing."
https://www.jacksonwhitelaw.com/criminal-defense-law/case-di...

Are you saying the above is simply not true, or that I am failing to grasp some essential element here? I realize the latter is probably the case as a non-lawyer :)

Robert Carter Jun 25, 2021:

What I'm trying to say is that there seems to be no practical difference between "dismissal," "decline to prosecute," and "nolle prosequi." In all three cases, the prosecutor has been formally engaged to look into a potential offense and then decides the matter will go no further because of some kind of insufficiency, either before bringing the charges to court or after doing so. None of these three terms specifically means the court has to have been involved, hence they must all be synonyms. I can find no information to show any essential difference between what is meant by a prosecutor declining to prosecute and them dismissing charges. Both terms can refer to either before or after bringing the case to court.

Per the Georgia link again:
"Loosely defined, it means to decline to prosecute. So, nolle prosequi refers to a prosecutorial decision to no longer prosecute or to decline the prosecution of a pending criminal case"

Sandro Tomasi Jun 25, 2021:

@Robert The police may record the charge, but it is the prosecutor who makes a legal decision, based on the facts, on what charges to charge. If the prosecutor does not charge, she will decline to prosecute. If the prosecutor does charge, she will present the charge(s) to the court and the defense in a criminal complaint. If after this notice has been given to the court and the defense the prosecutor will not be able to substantiate the complaint or to prove the charge beyond a reasonable doubt at trial, she will make a motion to the court to dismiss a charge or dismiss it sua sponte (in jurisdictions where that is allowed). This is where nolle prosequi is applied, to a case that has been initiated in court and then abandoned.

I read your Georgia link and everything in there comports with what I'm saying, i.e., dismissal (nolle prosequi) occurs after charges are charged in court.

Robert Carter Jun 25, 2021:

@Sandro I suppose the question comes down to what exactly a "charge" is. Forgive my ignorance, but I was under the impression that it is the police who record charges against a person accused or subsequently arrested. If an investigation ensues, then the prosecutor will see if they can put a sufficient case together to bring it before the court (which has not been involved yet). What then, is the prosecutor declining to prosecute if there is no charge/case? You see my confusion?

"First, nolle prosequi is a Latin term that is almost exclusively used in the criminal justice system. Loosely defined, it means to decline to prosecute. So, nolle prosequi refers to a prosecutorial decision to no longer prosecute or to decline the prosecution of a pending criminal case.
...
Opting to use plain, modern language, some states like New York no longer use the nolle prose phrase in 2020. Prosecutors in the Empire State simply write "dismissed," or "dismissal" on the charging document (an indictment or accusation)."
https://www.georgiacriminaldefense.com/in-the-legal-term-nol...

Sandro Tomasi Jun 25, 2021:

@Robert I continue here for lack of room in the answer dialog boxes.

There are no charges to be dismissed. Prosecutor looks at police report or hears directly from victim and decides, based on the facts at hand, whether or not to charge someone in court (through the audiencia de formulación de la imputación). If no charges are brought, there are none to be dismissed because there was no docket, no court case, no criminal action. O sea, se determinó el no ejercicio de la acción.

Sandro Tomasi Jun 24, 2021:

@Robert Yeah, that's what I thought.

Robert Carter Jun 24, 2021:

@Sandro It comes from the prosecutor's office, not the court, as it's pre-trial.
"La Carpeta de Investigación constituye el conjunto de registros que contienen las actividades de investigación realizadas por el agente del Ministerio Público, auxiliado de la policía y de los peritos, así como del asesor jurídico y el defensor."
http://ceeod.mx/curso/carpeta-de-investigacion-presencial/

Becerra calls it a "pre-trial investigation record" and says "in rules of procedure applicable to the adversarial system of criminal justice, dossier prepared by the public prosecutor during the investigation stage of an alleged incident of criminal conduct, with respect to the evidence gathered during that stage," the evidence in which will then be used to support the famous (on this forum anyway) "auto de vinculación a proceso."

Sandro Tomasi Jun 24, 2021:

Okay, criminal.

But a carpeta de investigación is from the prosecutor´s office, not the court. Is that right? Or does it belong to the court? Or is it the prosecutor´s office file that was filed with the court and now the court is making a record of it?

Catherine Johanna Ausman Torres (asker) Jun 24, 2021:

This is criminal, analysis of how action was taken by the state courts (Mex).

Sandro Tomasi Jun 24, 2021:

@Catherine Is this criminal or civil?