Q: What statute gives states attorneys permission to NOT prosecute marijuana cases. Vacating cases. Whats the statute
A: You are asking a mixed question. States Attorneys have prosecutorial discretion to discontinue a prosecution for any reason by entry of a nolle prosequi (Latin for intention not to prosecute). There is a procedural rule on this, as well as a body of case law. They are not required to do so, however. Vacating a case refers to a case that has already reached a final judgment--in the case of a criminal charge, that means a guilty finding and sentence. Only a judge can vacate a conviction, and that is usually brought before the judge by way of a motion or post-conviction relief petition, based on any number of Constitutional and legal grounds which are too numerous to provide an expose here. A prosecutor cannot unilaterally vacate anything.
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