Commonwealth v. Muth

By Judge Jane Marum Roush

This matter came on for a hearing on November 3, 2006, on the defendant’s motion to dismiss. At that time, I took the motion under advisement. I have now fully reviewed' the brief of the defendant and considered the arguments of counsel. For the reasons stated below, the motion to dismiss will be denied.

Facts

Patrick Muth was arrested on a warrant and charged with aggravated sexual battery. The charge was later amended to custodial indecent liberties in violation of Va. Code § 18.2-370.1. At the time of his preliminary hearing in the Juvenile and Domestic Relations…