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What is typically required for a judge to issue a Nolle Prosequi?

  1. Ceasing prosecution of a witness

  2. Lack of evidence

  3. Defendant pleading guilty

  4. Reevaluation of the case

The correct answer is: Lack of evidence

A judge issues a Nolle Prosequi when the prosecution decides to discontinue or dismiss charges against a defendant. This action typically arises due to a lack of evidence, meaning that the prosecution does not have sufficient grounds to continue with the case. When the evidence available does not adequately support the charges or there are issues that make continuing with prosecution impractical or unjust, the court may allow a Nolle Prosequi. In contrast, ceasing prosecution of a witness, a defendant pleading guilty, or reevaluating the case may involve different legal strategies or situations but do not directly relate to the judge's decision to issue a Nolle Prosequi. Each of these scenarios either pertains to different aspects of the legal process or indicates a different outcome than what occurs with a Nolle Prosequi.