Nolle Prosequi in Virginia: How It Can Reset Speedy Trial Deadlines and Affect Your Case
By Daniel Rouleau, Esq. | Rouleau Law, PLLC | Virginia Criminal Defense Attorney
If you or a loved one has been charged with a crime in Virginia—especially while being held in jail—you may hear the Commonwealth request something called a nolle prosequi. While it may sound like a dismissal, it does not always mean the case is over. In many situations, it can actually allow the prosecution to restart the case entirely—including the speedy trial clock.
Understanding how a nolle prosequi in Virginia works, and how it affects your speedy trial rights under Virginia Code § 19.2-243, can make the difference between continued incarceration and protecting your constitutional rights.
What Is a Nolle Prosequi in Virginia?
A nolle prosequi is a formal motion by the Commonwealth’s Attorney to discontinue prosecution of a criminal charge. The authority comes from Virginia Code § 19.2-265.3, which allows a court to grant the motion upon a showing of good cause.
In practical terms, when a nolle prosequi is granted:
The current charge is dismissed.
There is no conviction.
The prosecution ends—for now.
The Commonwealth may be allowed to re-file the charge later.
This is not the same as an acquittal. It does not necessarily prevent future prosecution.
This is why defendants and their families should be cautious about assuming a nolle prosequi means permanent dismissal.
Virginia Speedy Trial Law: A Critical Protection for Defendants
Virginia law provides strict speedy trial protections under Virginia Code § 19.2-243.
For defendants held in continuous pretrial custody, the Commonwealth generally must bring the case to trial:
Within five (5) months of a finding of probable cause
Probable cause is typically established through:
A preliminary hearing in General District Court, or
A direct indictment by a grand jury
If the Commonwealth fails to bring the defendant to trial within the required time—and no statutory exception applies—the charge must be dismissed with prejudice, meaning it cannot be prosecuted again.
This protection exists to prevent individuals from being held indefinitely without trial.
The Run-Anew Principle: How a Nolle Prosequi Resets the Speedy Trial Clock
Virginia courts recognize what is known as the Run-Anew Principle.
When the Commonwealth obtains a nolle prosequi and later re-indicts or re-charges the defendant, the speedy trial timeline may restart completely from the beginning.
This means:
The original speedy trial deadline no longer applies.
A new speedy trial period begins upon re-indictment or new probable cause finding.
The defendant may remain incarcerated longer than originally anticipated.
Virginia appellate courts have upheld this principle, recognizing that a properly granted nolle prosequi can restart the statutory speedy trial period.
This is one of the most important procedural realities defendants must understand.
The Commonwealth Must Show Good Cause
A nolle prosequi is not automatic. The Commonwealth must show good cause to justify dismissal.
Examples of possible good cause include:
Discovery of new or additional evidence
Correction of defective charging documents
Unexpected unavailability of essential witnesses
Newly discovered investigative information
However, courts may scrutinize whether the motion is legitimate or whether it is being used improperly to avoid speedy trial requirements.
An experienced Virginia criminal defense attorney can challenge improper use of a nolle prosequi.
Why This Matters for Defendants Held in Jail
This issue is especially critical for defendants in pretrial detention in jurisdictions such as:
Danville Circuit Court
Pittsylvania County Circuit Court
Henry County Circuit Court
Patrick County Circuit Court
Halifax County Circuit Court
Many defendants expect release if the Commonwealth approaches the speedy trial deadline. However, a nolle prosequi can significantly change the timeline.
Without proper legal representation, individuals may remain incarcerated longer than necessary.
Strategic Criminal Defense Requires Procedural Knowledge
A knowledgeable Virginia trial attorney will evaluate:
Whether the Commonwealth demonstrated proper good cause
Whether speedy trial protections still apply
Whether constitutional speedy trial rights were violated
Whether dismissal motions can be filed
Whether continued detention can be challenged
Procedural defenses are often powerful tools in protecting a defendant’s rights.
Experienced Criminal Defense Representation in Southern Virginia
I am Daniel Rouleau, Esq., founder of Rouleau Law, PLLC, and I represent clients charged with criminal offenses throughout Southern Virginia.
My practice includes representation in:
Misdemeanor criminal charges
Felony criminal charges
Bond hearings and pretrial detention matters
Preliminary hearings
Jury trials in Circuit Court
Over the past five years, I have handled cases ranging from simple offenses to serious felony trials, and I work to ensure the Commonwealth is held to its full legal burden.
If you or a loved one is facing criminal charges in:
Danville
Pittsylvania County
Henry County
Patrick County
Martinsville
Halifax County
it is important to understand your rights immediately.
Contact Rouleau Law, PLLC
Daniel Rouleau, Esq.
Rouleau Law, PLLC
9 Payne Street
Chatham, Virginia 24531
Call today to discuss your case.
Legal Disclaimer
This blog post is an advertisement for legal services by Rouleau Law, PLLC. The information provided is for general informational and marketing purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Each case is unique, and you should consult with a qualified attorney regarding your specific legal situation.
