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