Criminal cases; prosecutorial misconduct, reasonable costs and attorney fees.

Plain English Breakdown

The bill's status is marked as enacted, but it was left in committee according to the last action. This discrepancy needs clarification.

Rules for Criminal Cases When Prosecutors Misbehave

This law allows people charged with crimes to recover reasonable costs and attorney fees if their case is dismissed due to prosecutorial misconduct or abuse of process.

What This Bill Does

• Adds a new rule in Virginia's laws about criminal cases.
• Allows defendants to ask for reasonable costs and attorney fees when their case is thrown out because of prosecutorial misconduct or abuse of process.
• Applies the rule whether the defendant had a court-appointed lawyer or hired one themselves.

Who It Names or Affects

• People charged in criminal cases
• Prosecutors

Terms To Know

prosecutorial misconduct

When a prosecutor does something wrong or unethical during a case, such as filing charges with a knowing lack of probable cause or malicious intent.

abuse of process

Using the legal system in an improper way to harm someone rather than seeking justice.

Limits and Unknowns

• The bill does not specify how much money defendants can get back.
• It is unclear when this law will officially start because there is no effective date listed.

Official Summary Text

Criminal cases; prosecutorial misconduct; reasonable costs and attorney fees.
Entitles a defendant to recover reasonable costs and attorney fees when a criminal case against him is dismissed and it is discovered that prosecutorial misconduct was present or an abuse of process occurred in such case.

Current Bill Text

A BILL to amend the Code of Virginia by adding a section numbered
17.1-626.2
, relating to criminal cases; prosecutorial misconduct; reasonable costs and attorney fees.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
17.1-626.2
as follows:

§
17.1-626.2
. Criminal cases; prosecutorial misconduct;
reasonable
costs and attorney fees.

When any criminal case is dismissed and it is discovered that prosecutorial misconduct was present or an abuse of process occurred, including cases in which

charges were filed with a knowing lack of probable cause or with a malicious intent, the defendant in such criminal case shall be entitled to reasonable

costs and attorney fees incurred in defending such case.
The provisions of this section apply to cases in which an attorney was appointed to represent the defendant and cases in which such defendant retained his own counsel.