No Information
In criminal law, an "announcement of no information" refers to a situation where a prosecutor formally announces that they will not be pursuing criminal charges against an individual or that they are declining to prosecute a particular case. This announcement signifies that, after reviewing the available evidence or conducting an investigation, the prosecutor has determined that there is insufficient evidence or legal grounds to proceed with the prosecution.
The decision to make an announcement of no information can be influenced by various factors, including: Insufficient Evidence: If the evidence collected during the investigation is deemed insufficient to support the filing of criminal charges or to secure a conviction at trial, the prosecutor may decide not to pursue the case further. Legal or Procedural Issues: If the case has legal or procedural problems, such as violations of the defendant's constitutional rights, the prosecutor may choose not to proceed. Prosecutorial Discretion: Prosecutors have discretion in determining which cases to prosecute. Factors such as the seriousness of the offense, the availability of resources, and the likelihood of success at trial can influence this decision. Cooperation of Witnesses: If key witnesses are uncooperative or unavailable, it may impact the prosecutor's ability to build a strong case, leading to a decision not to pursue charges.
Just because an arrest was made does not necessarily mean that formal charges will be filed or a case will be initiated. After an arrest, the arrest report and other evidence is sent from the law enforcement agency to the State Attorney’s Office. The State Attorney’s Office reviews the information surrounding the arrest and the evidence obtained and makes a filing decision. The charges filed may be different than what the accused was arrested for, or there might not be any charges filed at all. A pleading called a “No Information” is filed in lieu of formal charges if the State Attorney’s Office is not proceeding with charges in the case
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Similar to a nolle prosequi, an announcement of no information results in the case being dismissed. However, it differs in terminology and might reflect the specific procedural rules or practices of a particular jurisdiction. In some jurisdictions, prosecutors may use the term "no information" to signify that they are not filing charges, while in others, they may use terms like "nolle prosequi" or simply "dismissal."
It is beneficial to have an attorney on your side during the time that the State Attorney is reviewing this information. An attorney can make legal arguments, provide potential exculpatory information, and provide mitigation to the State Attorney’s Office that can help influence their charging decision. In many cases, this results in reduced charges or No Information.
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If you have questions about the resolution of your criminal case, contact attorney Madison Howeller today at
(386) 878-5087. Consultations are always free.
The information on this site is for educational purposes only and is not to be construed as legal advice. If you have questions about a criminal case, please contact an attorney.