Recharge risks exist if your Virginia DUI or criminal prosecution is dismissed without prejudice, says Fairfax criminal law

Recharge risks exist to varying degrees if your Virginia prosecution is dismissed without prejudice (also known as nolle prosequi). As a Fairfax DUI lawyer, I know that a non-prejudicial dismissal of a Virginia felony charge implicates no deadlines for a prosecutor to renew the case, because Virginia felonies have no statute of limitations. As to misdemeanors entered nolle prosequi, one year from the alleged incident date is typically the deadline to renew the alleged crime, although some misdemeanors carry a longer statute of limitations. Does this mean that you or your lawyer should object to any non-prejudicial Virginia case dismissal motion? If your case is entered nolle prosequi, should you take any proactive steps to monitor and act on the situation, should you lie low in the hopes of not being criminally recharged, or should you do something in between?

Will my case proceed to trial if I object to a recharge?

A nolle prosequi motion by a Virginia  assistant commonwealth’s attorney commonly arises from the prosecutor’s failure to secure a trial date continuance (while wanting to have the option to criminally recharge the accused) and a prosecutor’s desire to avoid providing the defendant with a preliminary hearing, in felony prosecutions.  If your Virginia DUI lawyer or criminal attorney objects to a nolle prosequi of your case, the chance exists that the judge will then sustain that objection. What if the prosecutor at that precise moment secures the witnesses and evidence to proceed forward with trial? That is the time to reassess whether to simply proceed to trial, or simultaneously to renew case settlement / plea negotiations.

If my Virginia DUI prosecution or criminal case gets entered nolle prosequi, what should I do in case my prosecution gets recharged?

Talk with your Virginia DUI or criminal lawyer about the risks that your prosecution entered nolle prosequi might get a recharge in court. If there is a risk of a renewed prosecution, you will want to talk with your attorney about whether your lawyer should periodically check whether your case has been brought back to court, or whether to make no noise on the matter in the hopes that the prosecution will forever slip through the cracks. Ask yourself why to check if your prosecution has been renewed. To satisfy your anticipation? To be prepared? To turn yourself in on a renewed prosecution in order to enhance your chances of favorable court-issued pretrial release conditions, or to avoid police or other law enforcement officers (LEO’s) from coming to your home or workplace to arrest you on a renewed prosecution, or to avoid being detained for a renewed prosecution when stopped by LEO for an alleged moving traffic violation? Consider the flip side. What if your lawyer’s inquiry on the matter to a prosecutor or any LEO employees increases the chance of a renewed prosecution.

What do I say — and not say — to a Virginia court magistrate if my prosecution is renewed?

Talk with your Virginia DWI or criminal lawyer about what to say and not to say to the Virginia court magistrate if the defendant’s case entered nolle prosequi leads to a recharge. As a Fairfax DUI lawyer, here is what I commonly tell my clients what to say and not say to the magistrate deciding their pretrial release conditions. Beyond that, I commonly draft a letter — signed by me — to present to the magistrate in the event of an arrest, in which I emphasize my client’s strong qualities that compel being released unconditionally pending trial, and that I will be defending my client in the same court if the offense if renewed, and that my client’s flight risk is reduced if s/he has has turned himself or herself in on an open arrest warrant.

Fairfax DUI lawyer Jonathan Katz pursues your best defense against Virginia DWI, misdemeanor and felony prosecutions. Call 703-383-1100 to calendar your free in-person initial confidential meeting with Jon Katz about your court-pending case.