Idaho Code
Idaho Code § 19-3505 (2026)
Nolle prosequi abolished.
✓ current as of May 2026
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Nolle prosequi abolished.
The entry of a nolle prosequi is abolished, and neither the attorney-general nor the prosecuting attorney can discontinue or abandon a prosecution for a public offense except as provided in the last section.
Notes of Decisions
Cited in 2
cases, 1977–1977 · leading case: Stockwell v. State, 573 P.2d 116 (Idaho 1977).
Stockwell v. State, 573 P.2d 116 (Idaho 1977). “For as long as I have been at the practice of law, and for 85 years before that, it has been the law in Idaho that neither the Attorney General nor the prosecuting attorney can discontinue or abandon a prosecution for a public offense (I.C. § 19-3505) except in furtherance of…”
State ex rel. Kohler v. Rasmussen, 573 P.2d 148 (Idaho 1977). “§ 19-3501 and § 19-3505, together with four other statutes, are all part of Chapter 19 of the Idaho Criminal Code, and have been so for over 110 years. These statutes contain important substantive provisions of our criminal justice system.”
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