Structure
The Michigan MC 263 form plays a crucial role in the criminal justice process by facilitating a motion for nolle prosequi, which allows a prosecuting official to dismiss charges against a defendant or juvenile without prejudice. This means that the prosecution can refile the charges in the future if necessary. The form is structured to include essential information such as the case number, the name and details of the defendant or juvenile, and the specific charges being dismissed. It outlines the reasons for the motion, which must be articulated by the prosecuting official. The court then issues an order that can either grant or deny the motion, along with directives regarding the defendant's confinement status and bond. If granted, the defendant is typically discharged from confinement, and any bond is canceled or continued based on the remaining charges. Importantly, the form also ensures that the Michigan State Police will destroy the defendant's fingerprints and arrest card within 60 days, in accordance with state law, thereby providing a measure of privacy and closure for those affected. This process underscores the balance between the rights of individuals and the responsibilities of the judicial system in Michigan.
Form Example
Original - Court |
3rd copy - Police agency |
1st copy - Prosecutor |
4th copy - Arresting agency |
2nd copy - Defendant/Juvenile |
|
Approved, SCAO |
PROBATEJISCODE: NOL |
STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT
MOTION/ORDER
OF NOLLE PROSEQUI
CASE NO.
ORI |
Court address |
MI-
Police Report No.
The State of Michigan
THE PEOPLE OF
v
Court telephone no.
Defendant/Juvenile name, address, and telephone no.
CTN/TCN
SID
DOB
Juvenile |
In the matter of |
Count
CRIME
CHARGE CODE(S)
MCL citation/PACC Code
MOTION
Name (type or print)
for the following reason(s):
Date
IT IS ORDERED:
, prosecuting official, moves for a nolle prosequi in this case
Prosecuting official |
Bar no. |
ORDER
1. Motion for nolle prosequi is granted and the case is dismissed without prejudice.
2. Motion for nolle prosequi is granted as to the following charge(s), which are dismissed without prejudice:
3. |
Motion for nolle prosequi is denied. |
|
||
4. |
Defendant/Juvenile shall be immediately discharged from confinement in this case. |
|
||
5. |
Bond is canceled and shall be returned after costs are deducted. |
|
||
6. |
Bond is continued on the remaining charge(s). |
|
||
|
|
|
|
|
Date |
|
|
Judge/Magistrate |
Bar no. |
Ifitem1ischecked, theclerkof thecourtshalladvisethe MichiganStatePoliceCriminalJusticeInformationCenterofthedisposition as required under MCL 769.16a.
TO THE DEFENDANT: Your fingerprints and arrest card will be destroyed by the Michigan State Police within 60 days of the date of this order when permitted by MCL 28.243.
MC 263 (3/09) MOTION/ORDER OF NOLLE PROSEQUI |
MCL 28.243, MCL 767.29, MCL 769.16a, MCR 3.936(D) |
Document Specs
| Fact Name | Details |
|---|---|
| Form Title | MOTION/ORDER OF NOLLE PROSEQUI |
| Form Code | MC 263 |
| Governing Laws | MCL 28.243, MCL 767.29, MCL 769.16a, MCR 3.936(D) |
| Purpose | This form is used to request the dismissal of criminal charges without prejudice. |
| Distribution | Original goes to the court; copies are distributed to the police agency, prosecutor, arresting agency, and the defendant/juvenile. |
| Filing Requirements | The prosecuting official must complete and file the form with the court. |
| Outcome of Motion | The court may grant or deny the motion for nolle prosequi. |
| Defendant's Rights | If granted, the defendant/juvenile shall be discharged from confinement. |
| Fingerprint Destruction | Fingerprints and arrest cards will be destroyed by the Michigan State Police within 60 days of the order. |
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