Chicago, IL asked in Criminal Law for Illinois

Q: What does vacate previous order entered today’s date granting states motion to Nolle pros a file mean ?

Following up it also says order vacate previous order

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2 Lawyer Answers
William Wolf
William Wolf
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I would want to see the court records before giving a final opinion. By court records, I mean the records from the actual court file. You don't indicate from what you are reading from. Computer entries on the internet from the jail or the clerk's office are not a substitute for the actual court orders and are sometimes inaccurate.

A motion to "Nolle pros" the case is a motion made by the State to drop the charges. It almost literally means to nullify the prosecution. That motion is granted routinely by the judge when made by the prosecution. It sounds like the State may have changed its mind or someone caught a clerical error where an order was entered dropping charges that should not have been entered.

An order vacating the previous order sounds like it's an order saying in effect...... never mind about the charges being dropped. They're not.

Whoever is this person's lawyer for the entries you are reading is the best single person to go to to get an explanation on what's going on.

Good luck.

Juan Ooink agrees with this answer

Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: It seems that the case was dismissed. The only way to be sure it to review the file.

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