Louisiana Bail Bonds Practice Exam

What can the effect of a 'Nolle Prosequi' declaration be?

1. The case continues with additional evidence

2. The surety may be released from obligation

3. The defendant is automatically acquitted

4. The prosecutor must reschedule a trial

The correct answer is: The surety may be released from obligation

A 'Nolle Prosequi' declaration, which means "to be unwilling to pursue," is a formal notice by a prosecutor that they are dismissing charges against a defendant. When a prosecutor issues this declaration, it effectively ends the prosecution's case without a trial. In the context of bail bonds, when charges are dropped through a 'Nolle Prosequi,' the obligations of the surety (the party who posted bail on behalf of the defendant) can be released. The surety is no longer responsible for ensuring the defendant's appearance in court since the case is no longer active. Thus, this action provides a clear pathway for the surety to be released from their financial responsibility associated with the bail bond, aligning with the answer provided. The other options suggest continuations or consequences of trial processes that do not apply. The case does not continue with additional evidence nor does it automatically acquit the defendant; it merely indicates that the prosecution has chosen not to pursue the charges at that moment. Similarly, there is no requirement for the prosecutor to reschedule a trial after such a declaration.