Legal Question in Criminal Law in Virginia

Re: double jeopardy?

The prosecutor can bring back a charge which was previously dismissed if it was dismissed without

prejudice and the matter is still within the applicable statute of limitations(12 months for misdemeanor assault & battery). (This has nothing to do with the double jeopardy bar.)

However, it is unlikely that a charge would be refiled under the circumstances which you've described.

Re: double jeopardy?

It is a little difficult to answer because I do not know what happened or what kind of things your exboyfriend is asking. For example, if he were asking someone who injured him to make it right somehow, that is to remedy the wrong, it might be reasonable for him to do this.

However, if he is asking unrelated thins, this would probably dramatically undercut his credibility and could even be illegal as a form of blackmail.

If you can taperecord him saying this or have a witness, that would probably defeat any attempt to prosecute you later. It is legal in Virginia (not everywhere) to taperecord a conversation you are participating in even if the other person does not know you are recording them.

If he did not show up last time it is unlikely that hte prosecutor will be eager to do it all over again. The prosecutor will know he did not show up last time and will not be eager to waste time.