Commonwealth of Virginia v. Gregory L. Poole, s/k/a Gregory Lamar Poole, 2142243

Gregory Poole was indicted in September 2022 on multiple drug charges, including distributing 28 grams or more of methamphetamine (CR22-1200).
Poole was arrested on October 28, 2022, and later released on bond in August 2023.
The parties jointly moved to continue hearings multiple times, with Poole both out on bond and subsequently reincarcerated after a probation violation in May 2024.
The trial for charge CR22-1200 was scheduled for December 3-4, 2024; Poole filed notices asserting his speedy trial rights and moved to dismiss based on alleged violation of those rights.
The circuit court granted Poole’s motion to dismiss, ruling that the five-month statutory speedy trial period applied because Poole was allegedly held continuously after his bond was revoked in June 2024.
The Commonwealth appealed, arguing the nine-month period applied due to periods Poole was out on bond, and that all tolling and acquiescence rules were followed.

Issue	Commonwealth's Argument	Poole's Argument	Held
Does the five- or nine-month speedy trial period apply?	Nine-month period applies because Poole was not continuously in custody due to his release on bond.	Five-month period applies, arguing his post-revocation detention was continuous custody.	Nine-month period applies; release breaks continuous custody.
Was Poole's speedy trial period properly tolled during continuances?	Yes, continuances were by joint motion or Poole's request, tolling the clock.	Claimed tolling should not exclude time after re-incarceration; objected to later dates.	Court held continuances tolled the period; speedy trial rights not violated.
Did the trial court err in dismissing the indictment?	Yes, trial was set within the nine-month period and after proper tolling, so dismissal was incorrect.	No, argues insufficient time elapsed under the five-month rule.	Court reversed dismissal; 273 days had not elapsed.

Robbs v. Commonwealth, 252 Va. 433 (Va. 1996) (determined nine-month period applies when accused not held in continuous custody)
McCray v. Commonwealth, 44 Va. App. 334 (Va. Ct. App. 2004) (clarified calculation of five- and nine-month periods and effect of interrupted confinement)
Heath v. Commonwealth, 261 Va. 389 (Va. 2001) (joint or defendant-requested continuances toll the speedy trial statute)
Baity v. Commonwealth, 16 Va. App. 497 (Va. Ct. App. 1993) (statutory speedy trial right supplements constitutional protections)