Legal Question in Criminal Law in Virginia

Yes. The difference between a dismissal by nolle prosequi and a regular dismissal is that a nollw pros is usually on motion of the commonwealth. It is also without prejudice, so the commonwealth can bring the case back. The judge can actually deny a motion to nolle pros. A dismissal by contrast, is by the judge. For example, in a felony case, if, after a preliminary hearing the judge finds insufficient evidence of probable cause to proceed the judge of the general district court will dismiss the case ( see my website for an explanation of the preliminary hearing). However, the commonwealth can bring the case back in the circuit court by direct indictment.

The short answer is that it doesn't really matter. The charge can be brought back in either case, the only difference is in which court. If the judge grants the Commonwealth's motion to nolle prosequi (literally "not prosecute"), the Commonwealth may simply go to the magistrate and get another felony warrant, starting the process all over again in GDC. If the case is dimissed at the preliminary hearing stage in GDC, the only way the Commonwealth can reinstate the charge is to go to a grand jury and seek an indictment, which would start the case in Circuit Court. The next step would be to set a trial date, rather than another preliminary hearing. By contrast if a misdemeanor is dismissed in GDC or a felony is dismissed in Circuit Court, the case would be over.