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State can't indict twice (access required)

The Fairfax commonwealth's attorney cannot pursue a direct indictment of a defendant who successfully used the DUI double-jeopardy defense last summer, a Fairfax Circuit judge has ruled. A new indictment for the same incident is barred by res judicata, he held. The Fairfax authorities have used the direct-indictment process to pursue numerous defendants who walked last year ...

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