Virginia law outlines the circumstances under which a person acquitted of a crime cannot be prosecuted again for the same offense, with specific provisions for cases involving legal defects or multiple statutes. It clarifies when a new trial is permissible and when prior acquittals or prosecutions act as a bar. The law also addresses conflicts when an act violates multiple laws, including federal statutes, with certain exceptions.
Generally, no. An acquittal on the merits prevents further prosecution for the same offense, unless the case involved a legal defect or was for a revenue violation that was reversed on appeal.
Yes. If the acquittal was due to a variance between the allegations and proof or a defect in the indictment, the person can be tried again on a new proper accusation.
No. If the same act violates multiple statutes or ordinances, a conviction under one generally bars prosecution under the others, including federal and state laws, with some exceptions.
Yes. The rule does not apply to certain offenses, such as acts involving terrorism, and specific legal circumstances may allow retrial or prosecution despite previous acquittals.