Legal Question in Criminal Law in Virginia

Need advice concerning porsecuting attourneys

Ok...A good friend of mine was recently facing three felony counts. My friend got a reduced sentance with the understanding not to mess up again for a year. He received misdemeanors and served time, no probation was issued. Unfortunatly, he is in trouble again (its been less than a year). Is it normal/legal for a prosecuting attourney to charge him for the felonies (because he messed up again within a year) if he has served time for his reduced sentance?


Asked on 9/29/04, 12:07 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Need advice concerning porsecuting attourneys

Your friend would be well advised to consult with the criminal defense counsel who last represented him in these previous matters(felonies reduced to misdemeanors) in order to determine whether in fact there is a proper legal basis for renewing or rebringing these felony charges which may have already been dismissed or otherwise disposed of in a manner which would preclude the prosecutor from renewing them.

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Answered on 9/29/04, 7:22 pm
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Need advice concerning porsecuting attourneys

Your friend needs to consult his written plea bargain agreement. If the charges were all reduced to misdemeanors, a new charge would likely violate his right against double jeopardy. However, if cases were dismissed or a nolle prossequi was entered, then he may very well be subjected to renewed prosecution for the same charge.

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Answered on 9/29/04, 11:07 am


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