                                 CODE OF VIRGINIA

DISMISSAL OF CRIMINAL CHARGES ON COMMONWEALTH&#8217;S MOTION; EFFECT OF
DISMISSAL OF CRIMINAL CHARGES (§ 19.2-265.6)

A. Upon motion of the Commonwealth to dismiss a charge, whether with or without
prejudice, and with the consent of the defendant, a court shall grant the motion
unless the court finds by clear and convincing evidence that the motion was made
as the result of (i) bribery or (ii) bias or prejudice toward a victim as
defined in &#xA7; 19.2-11.01 because of the race, religious conviction, gender,
disability, gender identity, sexual orientation, color, or national origin of
the victim.

B. No dismissal of any criminal charge by a court shall bar subsequent
prosecution of the charge unless jeopardy attached at the earlier proceeding or
unless the dismissal order explicitly states that the dismissal is with
prejudice.

HISTORY: 2007, c. 419; 2020, Sp. Sess. I, cc. 20, 21.