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Home / Opinion Digests / Criminal – Indictment Nolle Prosequi – ‘Good Cause’ – Preliminary Hearing Avoidance (access required)

Criminal – Indictment Nolle Prosequi – ‘Good Cause’ – Preliminary Hearing Avoidance (access required)

A trial court should have dismissed the direct indictment of a defendant who previously was arrested on a warrant for DUI and felony assault upon an officer, as defendant’s later indictment violated her statutory right to a preliminary hearing pursuant to Va. Code § 19.2-218. Defendant was arrested on a warrant before her direct indictment in ...