06/15/2026
Can someone be prosecuted for murder if the body of the victim has never been found? In Virginia, the answer is yes.
John P. Fishwick Jr., owner of Fishwick & Associates PLC and former United States Attorney for the Western District of Virginia, recently addressed this question in connection with a high-profile case in Prince William County, where a man has been charged with murdering his wife β whose body has not been located.
According to a Virginia Supreme Court ruling from the 1980s, a body is not required to bring a murder prosecution. In fact, when a body cannot be found, the circumstances surrounding its disposal may actually weigh against the defendant in front of a jury.
In this particular case, bond has also been denied. Prosecutors can point to evidence of tampering, the potential to intimidate witnesses, and the defendant's status as a flight risk as grounds to keep the defendant in custody while the case proceeds to trial.
If you have questions about criminal defense matters in Virginia, contact Fishwick & Associates PLC.
π (540) 345-5890
π bit.ly/John-Fishwick
π° Read more: bit.ly/naresh-bhatt-defense-seeks-bond
This does not constitute legal advice.