Nolle prosequi; discretion of court upon good cause shown (§ 19.2-265.3)—Virginia Decoded

Nolle prosequi shall be entered only in the discretion of the court, upon motion of the Commonwealth with good cause therefor shown.

History

1979, c. 641.

Court Decisions

Cantrell v. Com. (COA, 10/18/88)
. . . its discretion, for good cause shown. Code § 19.2-265.3. "Under Virginia procedure a nolle . . .

Boggs v. Com. (SCV, 06/14/85)
. . . enter a nolle prosequi on that count. See Code § 19.2-265.3. Boggs argues that "the granting of the . . .

Roe v. Com. (SCV, 04/21/06)
. . . to request a nolle prosequi pursuant to Code § 19.2-265.3, but instead the Commonwealth . . .

Walker v. Com. (SCV, 06/11/99)
. . . August 10, 17, and 18, 1998, pursuant to Code § 19.2-265.3:2, the Commonwealth filed notices of its . . .

Arnold v. Com. (COA, 06/15/94)
. . . order without notice to Arnold. . . .

Wright v. Com. (COA, 10/28/08)
. . . text of Code § 19.2-265.3. "Pursuant to the plain language of Code § 19.2-265.3, the . . .

Harris v. Com. (SCV, 11/05/99)
. . . the original indictment as required by Code § 19.2-265.3. Relying on Battle v. Commonwealth, 12 . . .

Wright v. Com. (COA, 04/22/08)
. . . provision of Code § 19.2-265.3. "Pursuant to the plain language of Code § 19.2-265.3, the . . .

Battle v. Com. (COA, 06/11/91)
. . . to nolle pros the case without cause. Code § 19.2-265.3 provides that "[n]olle prosequi shall be . . .

Roe v. Com. (COA, 03/08/05)
. . . to reindict an accused at a later date. Code § 19.2-265.3. He contends that, if the court enters an . . .

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Amendment Attempts

SB298: District courts; remove case to circuit ct. if dismissal on basis that statute is unconstitutional.

SB469: District courts; remove case to circuit ct. if dismissal on basis that statute is unconstitutional. (failed)

HB691: Nolle prosequi; entered only in discretion of court. (failed)

HB5142: Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. (failed)

SB489: Criminal cases; authority to defer and dismiss. (failed)

SB5033: Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. (passed)