Legal Question in Criminal Law in Virginia

what does null process mean?

about 6 mths ago I was arrested and charged with embezzlement from ex employer. I made some donations to churches and schools thru company I was div. mgr and had authority to do this. when we went to court da said I was a null process? my court appointed lawyer asked why they said it had something to do with my authority. if they come back on me for something else in this case can I be arrested and have to post bond since I have already did this once?

Asked on 3/05/09, 1:53 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: what does null process mean?

Technically, yes, that can happen.

However, it is extremely unlikely that they are going to bring the case back.

The reason that the entered a "nolle prosse" (no prosecution) is that they knew they could not prove their case.

There are times when they might nolle prosse to gain more time to get more evidence or something like that. They could come back after that and re-file.

But in the situation that you describe, nothing is going to get any better for their case. If they could not prove their case the first time -- because you had authority to do what you did -- nothing is likely to change to make their case any stronger in the future.

So unless new evidence comes up, they will not re-file it.

Keep all of your evidence. In fact, if you are worried (sounds like you are), spend your itme getting more evidence, getting statements in writing from anyone with knowledge -- hopefully as sworn affidavits before a Notary if they will go that far.

Make sure you are prepared to defeat any prosecution, by getting statements from everyone.

Naturally, you do not want to be antagonistic and stir up trouble, get them angry at you, etc. So walk carefully and diplomatically when you do this. Dont' CAUSE the employer to get angry at you and want to take more action. But if you can lock in any evidence that would help you, focus your attentions there.

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Answered on 3/05/09, 2:57 pm

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