Legal Question in Civil Litigation in Virginia

Filing Civil Suit after Nolle Prosequi Criminal Dismissal

On February 29, 2008 I had a criminal case dismissed against me Nolle Prosequi for extortion (my realtor had pressed charges against me for writing to him to fight the commission he received). As a result of my being arrested on 10 felony counts last year (one for each letter), I was fired from my job in accounting. I was not able to get another job since last year because the charges were still on my background as pending. I did receive unemployment compensation because it was determined that I did not cause my own termination. Anyway, after my criminal case was dismissed I filed a warrant in debt for my lost wages against my realtor. The Commonwealth Attorney is now threatening to reinstate the extortion charges against me. I did not think that filing a law suit is illegal. Do I need to dismiss this warrant in debt or do I have a right to pursue this warrant and am I just being bullied? Thank you for your response.


Asked on 4/03/08, 7:39 pm

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

Re: Filing Civil Suit after Nolle Prosequi Criminal Dismissal

Unless there is some other basis for reinstating the criminal charges against you, the prosecutor may not do so merely in retaliation for your filing a civil suit against the complaining witness which could in fact be a violation of the rules of professional conduct by which Virginia attorneys are supposed to be governed.

Read more
Answered on 4/03/08, 9:43 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Virginia