17.1-280 - What costs chargeable against prosecutor. - Virginia Statutes

§ 17.1-280. What costs chargeable against prosecutor.

If any warrant of arrest for a misdemeanor or felony, or any search warrant,is issued or procured at the instance of a prosecutor, other than a publicofficer charged with the enforcement of the laws, and the warrant isdismissed or the accused discharged from the charge or charges, the judgebefore whom the proceeding is held may give judgment against the prosecutorin favor of the accused for his costs. If the judge believes from theevidence that the warrant was procured by the prosecutor through malice orwithout reasonable and probable cause, the judge shall grant judgment infavor of the accused for his costs.

(Code 1950, § 14-140; 1960, c. 369; 1964, c. 386, § 14.1-131; 1998, c. 872.)