Commonwealth v. Gregg

Under Code § 19.2-243, a tolled speedy-trial clock resumes running once a defendant is subsequently taken into custody and incarcerated in Virginia, regardless the reason for the detention.

Here, the defendant failed to appear in court, a bench warrant for her arrest issued, the defendant was later taken into custody in Virginia for unrelated reasons and continuously held but was not timely served with the bench warrant or brought to trial. These circumstances require reconciliation of a split of authority in the commonwealth represented by Knott v. Commonwealth and McCray v. Commonwealth.

Because the defendant was held in a Virginia correctional institution well after the five or nine months during which the Commonwealth was obligated to try her, the indictments against her must be dismissed.

Commonwealth v. Gregg, No. FE17-288, Feb. 22, 2019. Fairfax (Oblon).



Categories: Opinions, Virginia Circuit Courts

Tags:

%d bloggers like this: