Legal Question in Criminal Law in Virginia

Dismissed Court Case or Not?

A firend jumped bail on some minor drug charges 6 years ago. When he returned to VA, he was picked up on those charges and he was told that there is no statue of limitations in VA. When he when to court they dismissed the case becuase they had lost the evidence or the file had been destroy. They told him that if they ever found the evidence they could still come back and charge him.

My question: Is this legal? If you dismiss something how can you try a person for it again later, isn't that like double jepordy?


Asked on 3/04/03, 1:52 pm

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

Re: Dismissed Court Case or Not?

Yes, your friend could be charged again as long as the charge was brought within the applicable statute of limitations time frame for that

particular drug charge, which would be measured from the date the case was dismissed. The dismissal of a case before it is brought to trial has nothing to do with a defendant's right against double jeopardy which only applies after a defendant has gone to trial and a verdict or judgment entered. In that situation, a defendant may not be tried again for the same charge for which he has already stood trial.

There is most certainly a statute of limitations

in Virginia which applies to all criminal offenses except murder. However, if a defendant fails to appear for his scheduled trial date and a warrant is issued by the court for his arrest, the statute of limitations may be tolled or stayed

as long as the warrant is outstanding and the defendant remains "on the lam", as they used to say in times past.

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Answered on 3/04/03, 5:13 pm


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