Crim Pro- VA intro Flashcards
Arraignment
d appears and enters a plea
motion to strike
made at the close of Commonweath’s evidence and seeks to dismiss charge because the evidence is not sufficient to prove the crime when considered in the light most favorable to the commonwealth
noelle prosequi
prosecution motion to dismiss a charge without prejudice and for good cause
alford plea
allows the court to enter a finding of guilty. but d does not admit facts to establish the elements of the crime
magistrates
issue arrest warrants, search warrants, and initial bail decisions
GDC
not of record; only misdemeanor cases; no jury trials; involvement in felony cases of preliminary hearings like bail and determine probable cause
CC
of record; jury trials of misdemeanor and felony cases
misdemeanors can be brought by
filing charges (indictment or info) or appealing from GDC
Appeal from GDC to circuit court
d has absolute right to appeal; must be made within 10 days of conviction; reviewed de novo
JDR Court
delinquent acts by juveniles; under 18
process to transfer
age and nature of offense
transfer is never available for defendants who
are under 14 years old
Automatic transfer
16 or 17; charged with 1st or 2nd or aggravated malicious wounding
function of jdr is to find probable cause, certify and transfer
no motion required
commonwealth option to transfer
16 or 17; violent felonies; 3d offense drug distribution; need commonwealth motion
court discretion
14 or older; cw may request transfer hearing
will certify if probable cause and not a proper person for punishment as juvenile
