Commonwealth v. Boone

By Judge dean w. Sword, Jr.

■This matter is before the court upon the motion of the defendant to dismiss the indictment because of pre-indictment delay. For the reasons stated herein, the court is of the opinion that the motion is without merit and is denied.

Facts

There is little dispute as to the facts and circumstances in this matter. The defendant was originally arrested on February 7, 2005, on warrants charging him with violations of Virginia Code §§ 18.2-248.1 and 18.2-255.2. Apparently due to lack of timely receipt of a drug analysis from the Department of Forensic Science, a nolle…