Legal Question in Criminal Law in Virginia

can we fight this?

my brother was a truck driver and was accused of a hit and run in Virginia it was thrown out of court at the time he lived in Ohio after it was thrown out he moved to Arkansas in 2/07 and we are just now finding out the case was reopened and he was suppose to go to court in 3/07 he never recieved anything saying the case was reopened but weare now finding out that he now has a felony on his record and is wanted in Virginia can he fight this due to he was not served with a notice to appair in court?


Asked on 8/24/08, 2:28 am

1 Answer from Attorneys
Jonathan Katz Jon Katz, P.C.

Re: can we fight this?

Speaking only about Virginia, where I am licensed, your question appears to address matters including the following:

- Generally, a person does not need to be notified of a pending case in order to be arrested for and prosecuted for the case.

- An affirmative defense to a failure to appear prosecution can be that the defendant did not know in the first place about the underlying prosecution.

A lawyer should be consulted directly on this. My foregoing reply is for informational purposes only, and is not legal advice.

Thanks, Jon Katz, Jon Katz, P.C., katzjustice.com

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Answered on 8/24/08, 7:04 am


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