Wright v. Commonwealth

HALEY, Judge.

Stacey Lynn Wright (“Wright”), who was arrested on a warrant before her indictment in the Fairfax County Circuit Court, maintains that the circuit court erred in refusing to dismiss a direct indictment that violated the terms of Code § 19.2-218. The record shows that the Commonwealth failed to articulate any cause for moving for a nolle prosequi of the same charge in an earlier proceeding in the general district court. We hold that Code § 19.2-265.3 requires the Commonwealth to provide a reason for seeking a nolle prosequi before such motion may be granted. We further hold that…