Legal Question in Criminal Law in Virginia

Re-indictments

My son was just dismissed of 2 firearm charges, poss. w/ intent coke charge, a felony escape and 2 misdemeanors. Two weeks ago his lawyer sent him a letter telling him that the commonwealth was going to re-indict him of the charges and I was under the impression that the only way they can do so is if they nolle prosq. the charges. Is that correct or can they still re-indict him after dismissing his charges in the pre-liminary hearing?

Asked on 11/10/06, 2:47 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Re-indictments

No, it is not correct; the grand jury is free to

bring a new indictment whether or not previous charges have been subject to nolle prosequi or

otherwise disposed of. You apparently have your

"theys" mixed up, meaning that if your son's charges were dismissed in a preliminary hearing,

that most likely was the action of a general district court judge after being requested by the prosecutor to do so and who in no way was involved

with the subsequent action of the prosecutor who apparently decided to go back before the grand jury to present the case again for their consideration and to have a new indictment handed up.

Read more
11/10/06, 7:41 am

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