On December 12, 2014, a client of Collins | Waltrip, PC, represented by attorney Brandon C. Waltrip, had their case dismissed at preliminary hearing. The client had been charged with Malicious Wounding, which is a Class 3 Felony in Virginia, and punishable by up to twenty (20) years in prison and a $100,000 fine. The Judge hearing the case, dismissed on Attorney Waltrip’s Motion to Strike after hearing evidence from the Commonwealth’s primary witness. Mr. Waltrip argued the evidence presented by the Commonwealth was insufficient to meet the standard of probable cause, and the matter should be dismissed, rather than certified to a grand jury and ultimately the circuit court. The Judge heard arguments from both Mr. Waltrip and the Commonwealth and made the decision to dismiss the case as lacking sufficient evidence.
While the results of this case may not apply to every charge, if you have been charged with a serious crime in the Commonwealth of Virginia, the pre-liminary hearing is an important stage of the proceedings and you should have competent legal representation. If you are considering hiring an attorney, contact the office of Collins | Waltrip, PC and speak with Brandon C. Waltrip, or one of the other attorneys about your case.