"The legislature is presumed to know the law when enacting legislation. [See Charles v. Commonwealth, 270 Va. 14, 19, 613 S.E.2d 432, 434 (2005).] We must therefore presume that the legislature knew that both a preliminary hearing and a grand jury indictment operate as screening procedures for probable cause determination when the legislature enacted Code § 19.2-218. Nevertheless, the legislature decreed that "no indictment shall be returned in a court of record against any such person prior to such hearing . . . ."
By the plain language of the statute, the validity of any indictment against a person who has been arrested prior to the indictment depends on the occurrence of a preliminary hearing or a valid waiver. To decide that a subsequent indictment cures any violation of Code § 19.2-218 would be to ignore the command of the legislature."
Wright v. Commonwealth, __Va. App. __, S.E.2d __,__ (2008).
" [The General Assembly] is presumed to have known and to have had the common law in mind in the enactment of a statute. The statute must therefore be read along with the provisions of the common law, and the latter will be read into the statute unless it clearly appears from express language or by necessary implication that the purpose of the statute was to change the common law."
Isbel v. Commercial Invetsments Associates, Inc., 273 Va. 605, 644 S.E.2d 72 (2007). See Also: Esteban v. Commonwealth, 266 Va. 605, 587 S.E.2d 523 (2003).