Legal Question in Criminal Law in Virginia

statue of limitation

if a assault and battery was taken out on me in 6/02 and it was nulled process in 2/03 what is the statue of limitation they have to bring it back up because the accuser did so on 5/14/04 but changed the charge to malious wounding how can this be? this is in juvinile and domestic court in va


Asked on 5/21/04, 5:46 pm

1 Answer from Attorneys
Tommy Smith Law Offices of Tom C. Smith

Re: statue of limitation

A nolle prosse can be revived within 1 year of the date of the nolle prosse. The time to revive the original charge of a&b has expired. However, it appears that the complainant has not charged you with the same offense. Although the offense may be similar to the a&b, malicious wounding is not the same charge. It would appear that you've been charged with a felony and there is no statute of limitations on a felony in VA. You should contact an attorney.

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Answered on 5/21/04, 10:14 pm


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