Legal Question in Criminal Law in Virginia

My boyfriend attended a poker game last summer where an armed robbery took place. Nobody had ever met each other in person but had played poker together online. The two suspects escaped yet they arrested my boyfriend. Two handguns were found inside the house. They charged my boyfriend with 1 count armed common law burglary, 5 counts robbery, and 5 counts use of a firearm. The grand jury found him not guilty on these charges. Although most are on his record as found not guilty, one charge of the robbery and one count of the use of a firearm were recorded as nolle prosequi. For some reason, the prosecution also charged him separately for possession of a firearm by a convicted felon and set a separate trial for that without a jury. Before either trial took place, the prosecution motioned for a DNA sample for the Possession of a Firearm by a Convicted Felon charge and was denied by the judge. The guns were never tested for fingerprints or DNA. The day after the jury found him not guilty on the first 11 charges, the prosecution and judge decided to nolle prosequi the Possession of a Firearm by a Convicted Felon charge.

Now, four months later, the prosecution has re-indicted him on the Possession of a Firearm by a Convicted Felon charge. The defense filed a motion to dismiss which was denied by a different judge than the first go round and the prosecution filed a motion to get a DNA sample which was granted. Is that legal even though the motion was denied the first time he was charged? Also, wouldn't the prosecution have to have "new evidence" to re-indict and if so, would this previously denied DNA sample qualify as such? How could they even test the guns for DNA after they were handled by lawyers and witnesses without gloves when they were used as evidence in the first trial?

Are they allowed to re-indict someone for the same charge they were found nolle prosequi for without new evidence? Is the DNA sample admissible after the motion was already denied the first time and if so, could that be considered the "new evidence"? Does the prosecution have to disclose to the defense what the new evidence is before trial? Can they use the guns from the first trial as evidence in the re-indictment? And finally, can they just try someone again hoping a different jury may result in a different outcome?

I apologize for the amount of advice I am requesting and want you to know I appreciate your time and help. I am hoping to get an attorney but may run out of time. His first court appointed attorney was BRILLIANT but was promoted and his new one won't even communicate with us at all. :( Thanks again.

Sincerely,

Jocelyn

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