Virginia law § 19.2-243 sets time limits on prosecuting felonies and misdemeanors, specifying that charges must be brought within five or nine months after probable cause is found, depending on custody status. It also details how these timeframes are calculated when preliminary hearings are waived or when indictments are issued without arrest. If these time limits are exceeded, the accused is permanently discharged from prosecution.
In Virginia, a felony must be prosecuted within five months after probable cause is found if the accused is held in custody, or within nine months if not in custody.
If no preliminary hearing occurred or was waived, the time limits start from the date an indictment or presentment is found against the accused.
The accused is forever discharged from prosecution for the offense if the trial is not commenced within the applicable time frame.
Yes, if a case is on appeal or a de novo trial is scheduled, the prosecution must commence within five months from the conviction or certification date, or the accused is discharged.