Falls Church, VA asked in Criminal Law and Domestic Violence for Virginia

Q: Can a dismissed felony be reopened and brought back to trial? (Less than a year has paced since incident)

Felony assault charges dismissed because victim panicked out of fear on the stand and claimed "not to remember what happened". Victim now is open to testifying against her attacker.

2 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: If the case went to trial and was dismissed by the judge, the case cannot be brought back. If the prosecutor nolle prossed (with drew the charge) the case before trial, but that nolle pross was not done with prejudice, the case can be brought back.

Michael Jeremiah Seck agrees with this answer

Michael Jeremiah Seck
Michael Jeremiah Seck
Answered
  • Criminal Law Lawyer
  • Leesburg, VA
  • Licensed in Virginia

A: The true question is whether jeopardy has attached to the original charge. You should contact an experienced criminal law attorney and discuss these issues to determine the correct answer.

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