Ok, here’s how it works. You get pulled over. Sheriff finds a straw with what appears to be a white powdery residue substance on the inside of the straw. You get released with a warning for defective equipment for the tail light that was out and down the road you go. Three months later Sheriffs show up at your job with a warrant for your arrest. They sent the baggie off to the lab and it came back positive for Schedule 1 or 2 narcotic. The prosecutor showed the evidence to the grand jury and secured a DIRECT INDICTMENT. This make sense right? Right! You had residue from a narcotic in your vehicle, on your person. This is the proper, intended reason for Direct Indictments. Here is how Direct Indictments are abused:
You are charged with a total of 5 charges. Hit and Run, Reckless driving. Possession of schedule 1 or 2 narcotic, Driving on suspended and DWI. The prosecutor moves forward on the Possession of Schedule 1 or 2 drug and the DWI and decides to Noelle prosequi the driving on suspended and hit and run. You think “Great” those charges are dismissed. Wrong! Those charges are Nolle prosequi,. The Prosecutor can bring those charges as much as a year later… or more! You get convicted of the charges the prosecutor pursued. you think its over and BAM. You are arrested again! you think, “wait” those charges were dismissed! Nope. The were Noelle Prosequi. Now I am not a lawyer and I do not give legal advice but I do have a front row seat to the judicial system. Here is my advice.
- Don’t break the law
- If you do get a lawyer
- Understand that the prosecutor’s job is to prosecute you!
- Your Job is to defend yourself
If you can get a secured bond…Do so. www.bailbondsva.com