Legal Question in Criminal Law in Virginia
Destruction of capias by Commonwealth Atty.
If a capias is destroyed by the Commonwealth no arrest can be made...but, does that mean you will never be prosecuted for the felony? In my case the felony was driving after declared habitual offender...it was almost 7 yrs. ago.
1 Answer from Attorneys
Re: Destruction of capias by Commonwealth Atty.
Capiases can be dismissed by the court at the request of the commonwealth attorney's office or by the court on its own motion; they are
not, however, "destroyed".
The habitual offender offense(for driving after so-declared)was repealed a few years back by the VA legislature and, therefore, one can no longer be prosecuted for this particular offense in Virginia. And even when it was good law, it's unlikely that the statute of limitations would've exceeded five years.
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