nolle prosqui vs dismissal

[msv_hines]

What is the name of your state (only U.S. law)? Virginia

My son was arrested for maming (mislicious wounding) and since the victim never appeared in court, the case was nolle prosqui. The case never went to circuit court and the general district judge ruled the case as nolle prosqui. My question is, does he not have the power to totally dismiss the case, and is not how can the case get totally dismissed instead of nolle prosqui?

 

[Son of Slam]

Just count your lucky stars

A nolle prosequi can not be entered in cases of assault and battery in a lot of courts. The State should become the plaintiff.
Stir it up if you wish, as your son deserves his day in court.

 

[FlyingRon]

A Nolle Prosqui is a dismissal, but in Virginia it is without prejudice, which means that it can be reopened at a later time. In Virginia, unless the trial has actually started, there is never dismissal with prejudice on a criminal matter.

Now he could have countered the prosecutors motion for the nolle prosqui, but there's no reason the judge would have not granted it anyway. Most times nolle prossed stuff is never reopened. You can apply for expungement on the basis of a null posqui determination.

 

[FlyingRon]

A The State should become the plaintiff.

The COMMMONWEALTH is always the "plaintiff" in a civil action.

Stir it up if you wish, as your son deserves his day in court.

Stir it up all you want, but there is no entitlement to demand you be prosecuted for something.

 

[Son of Slam]

The COMMMONWEALTH is always the "plaintiff" in a civil action.

Stir it up all you want, but there is no entitlement to demand you be prosecuted for something.

Oh. I didn't see the civil in "arrested for maming (sic) (mislicious (sic)wounding)".
And, I was being facetious about O.P. wanting his son in court.

Sorry