Wright v. Commonwealth

HALEY, J.,

with whom ELDER and CLEMENTS, JJ., join, dissenting.

In the circuit court, the defendant proffered that the Commonwealth had offered no reason or cause in support of the motion to nolle prosequi the arrest warrant, in direct violation of the mandate of Code § 19.2-265.3. The majority writes: “Therefore, the trial court was entitled to consider the proffer as true.” In sum, the majority concedes the arrest warrant was illegally terminated. Code § 19.2-218 states:

*711No person who is arrested on a charge of felony shall be denied a preliminary hearing upon the question of whether there is…