Legal Question in Criminal Law in Virginia

Grand Jury Indictment...

I recently had a preliminary hearing send to the Grand Jury. I was brought up on a charge of Identity Fraud (by my ex-partner). When the Grand Jury came back this week, there were 3 additional counts that were added onto the the original charge. Is this a normal occurence, when you are charged with one offense and then all of a sudden have additional charges added,without having a preliminary hearing on them? Also, if the judge at the preliminary hearing did not allow evidence or testimony into the record (this going against the prosecution's witness) can the commonwealth's attorney present it at the Grand Jury? Thank-you


Asked on 7/06/07, 5:37 pm

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

Re: Grand Jury Indictment...

What counts under the Commonwealth's criminal offense charging system for all felonies, is the Grand Jury and not a judge of the general district court conducting a preliminary hearing which is largely a pro forma exercise which merely anticipates and approves the charges which the Grand Jury will very likely return in a formal indictment of the accused.

If and when the criminal matter under consideration is presented to the Grand Jury with evidence that was not presented at the prelimiary hearing for the accused, additional counts may, indeed, be returned in the form of a "True Bill", and handed up, accordingly, to the circuit court having jurisdiction over the matter for trial.

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Answered on 7/06/07, 9:08 pm


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