Legal Question in Criminal Law in Virginia

If a case is granted nolle prosqui, does this mean if the defendant get another charge for whatever the reason, can the prosecuter use the nolle prosqui case against him?


Asked on 3/05/10, 7:24 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, but the prosecutor could also recharge (if he chose)the matter that was the subject of the nolle prosequi(dismissal).

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Answered on 3/10/10, 7:30 am
David Saiki Law Office of David M. Saiki

A nolle prossed charge cannot be used against you to enhance punishment. For example if you have a prior DUI charge that was dismissed nolle prosequi, if you are charged with Dui again, the DUI will be a first offense.

You can have nolle prossed charges expunged from your record if you are really concerned about them.

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Answered on 3/10/10, 8:07 am


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