nolle prosequi
Nolle prosequi needs good cause says Fairfax criminal lawyer
Nolle prosequi [NP] is Latin for not prosecuting, in the form of a non-prejudicial dismissal that enables the prosecution to recharge the case within the statute of limitations period. As a Fairfax criminal lawyer, I know that the court must grant a motion to enter a...
Fairfax criminal continuance policy and practice- Fully defend
Fairfax criminal continuance policy and practice- Virginia criminal attorney says to be fully ready for trial on your first non-DUI post-arraignment court date Fairfax criminal continuance policy and practice needs to be fully understood by your Virginia criminal and DUI defense lawyer not only so...
Challenging Virginia trial continuance requests by prosecutors
Challenging trial continuance motions by prosecutors is part of a Virginia criminal defense lawyer's arsenal. As a Fairfax criminal attorney, I here address the law governing trial date continuances and defense strategies for thwarting a continuance. One of three things can happen on your Virginia...
Virginia dismissal statutes explained by Fairfax criminal lawyer
Virginia dismissal statutes in criminal cases start in the form of mutually consented-to dismissals, and a prosecutor's nolle prosequi (not prosecuting) motion. As a Fairfax criminal lawyer, I know that the consented-to dismissal scenario comes from a recent legislative change, and the nolle prosequi statutory...
Bench pushback in Northern Virginia addressed by Fairfax criminal lawyer
Bench pushback is here in Northern Virginia, where judges will not automatically rubber stamp mutually agreed requests to dismiss criminal charges nor mutually agreed sentences and suspended imposition of sentence terms and conditions. Some judges will even ponder from the bench about whether certain prosecutorial...
Dismissing misdemeanor marijuana cases in 2 Virginia courthouses
Dismissing or not prosecuting misdemeanor marijuana possession cases is now the policy of the chief prosecutors in Portsmouth (except for likely still prosecuting juveniles for possessing marijuana) and Norfolk Virginia. As a Fairfax drug lawyer and civil libertarian, I applaud this move and encourage a...
Virginia Criminal Defense – When is Expungement Available?
Criminal defendants have many questions about expunging their court and police criminal case records, including the meaning of expungement, the best timing and approach to filing for expungement, and eligibility for expungement. Today's blog entry is limited to availability of expungement.
Virginia's " key statutory...