Legal Question in Criminal Law in Virginia

my brother was charged with possesion of a fire arm in 2008. he was on federal probation at the time he didnt get hit with a vioaltion. that out come of the charge in jully 2009 was a nolle prosequi. he had 2 weeks left of his probation to be done and he find out the police refiled the charge for the gun. he lets his probation officer knws whats going on, his probation officer tells him to call him once he make bond, he gets out he callss him and his probation officer tells him he has to violate him because its considered a new charge. my question is can he do that and under what circumstance can they refile. his attorney said they didnt have any new evidence or anything, and now he has to turn his self in again because his probation office put a violaton on him.


Asked on 3/09/10, 7:57 pm

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

As long as the prosecutor has probable cause to support the refiling of the charge and it's within whatever statute of limitations that might apply, the answer is, yes, the charge can be refiled or "rebrought" against the original defendant as they say in some quarters.

And, yes, once the old charge is refiled, and the probation officer is notified, he has little choice but to have the defendant charged with violation of his probation.

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Answered on 3/14/10, 8:51 pm


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