Legal Question in Appeals and Writs in Virginia

I had 2 trespassers on my property, I took out warrants against them for it. The two trespassers took out a misdemeanor assault (assault with automobile) warrant against me. We went to court, all 3 cases were scheduled for the same day, but I did not know this (I was appearing for the assault charge). The 2 trespassers admitted to being on my property, admitted trying to remove property off of my property, etc. and my trespassing case was dismissed, and now the two trespassers attorney has increased the assault charge from a class 1 misdemeanor to a class 6 felony. I never received any documentation from where I filed trespassing charges on the 2, so I had no way of knowing that the trespassing charges were going to be tried that same day, so I did not have an attorney present during the trial.

My question is...what can I do to have these charges reinstated against these trespassers?


Asked on 8/24/09, 6:01 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If the two alleged trespassers admitted to the offense, why was it (trespassing charge)then dismissed? Charges which have been dismissed without prejudice can normally be rebrought by going through the same process which caused them to be filed originally.

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Answered on 8/30/09, 11:10 am


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