Criminal Law

Question 1

What happens when you file a Motion to Separate the Witnesses (in a criminal trial)?

Answer 1

The witnesses SHALL be excluded from the courtroom when not testifying, except the complaining witness, who may remain if it would not impair the conduct of a fair trial

Question 2

How do you make a Motion to Suppress in the Circuit Court?

Answer 2

The attorney must:
(1) file the motion at least 7 days before trial AND
(2) the motion must be in writing (not oral)

Question 3

Can you argue Abandonment as a defense to Attempt?

Answer 3

No.
No Virginia Court recognizes the defense of abandonment in regard to Attempt.

Question 4

What are the elements for Attempt in Virginia?

Answer 4

Anyone who:
(1) INTENDS to commit a crime, and
(2) commits a direct, but INEFFECTUAL act toward the commission of the crime

Question 5

What is Conspiracy in Virginia?

Answer 5

An agreement between two or more persons by concerted action to commit a crime.
*it is complete when the AGREEMENT is MADE.
*no proof of overt act required

Question 6

When are you guilty of being an Accessory After the Fact?

Answer 6

By knowingly concealing a wanted FELON
*the felon is the principal

Question 7

When are you guilty of being a Principal in the Second Degree?

Answer 7

If you knowingly assist the principal during the commission of the felony

Question 8

What arguments can be made by the Defense at the close of evidence?

Answer 8

1. That, viewed in light most favorable to the Commonwealth, the evidence would be INSUFFICIENT to sustain a conviction.
2. That CERTAIN EVIDENCE presented by the Commonwealth should CARRY LESS WEIGHT, causing the overall evidence to be insufficient to sustain a conviction

Question 9

What makes a Valid Search Warrant?

Answer 9

1. Filed in good faith by law enforcement officer;
2. Based on probable cause;
3. Issued by a detached and neutral magistrate;
4. Specifically states the place to be searched and the items to be seized

Question 10

What are the 6 Warrant Exceptions?

Answer 10

1. Consent
2. Plain View
3. Search Incident to Arrest
4. Exigent Circumstances (evidence being destroyed, people in danger)
5. Automobile Exception (reasonable belief that contraband is contained inside)
6. Hot Pursuit (entering a private dwelling after the fleeing criminal runs inside)

Question 11

What is required for the Plain View Warrant Exception?

Answer 11

Police may seize items that they don’t have a warrant for so long as:

1. They had a right to be where they were when they saw it; AND
2. It was immediately apparent to them that the items were contraband