Criminal Law/Procedure

Question 1

Entrapment

Answer 1

An Affirmative Defense

A defendant may assert entrapment if:
- law enforcement or an agent induced the crime through persuasion or trickery; and
- the defense had no predisposition to commit the crime.

Question 2

Knowledge Element in Drug Possession

Answer 2

The prosecution must prove the defendant knowingly possessed a controlled substance. Lack of awareness of the drug’s nature or presence may be a defense.

Question 3

Accommodation Defense (Va. Code § 18.2-248(D))

Answer 3

Mitigates sentencing rather than leading to acquittal.
Requires proving by a preponderance of the evidence that:
- The defendant was not a drug dealer and did not intend to profit; and
- The defendant’s actions were motivated by a desire to help a friend rather than encourage drug use.

Question 4

Common Law Burglary (Va. Code § 18.2-89)

Answer 4

To convict someone of common law burglary, the prosecution must prove:

• Breaking – Any force, however slight, to gain entry (e.g., opening an unlocked door or window).
• Entering – Any part of the defendant’s body or an instrument they control must enter the dwelling.
• At Night
• With Intent to Commit a Felony or Larceny

Question 5

Statutory Burglary (Va. Code § 18.2-90-92)

Answer 5

A person is guilty if they:

• Break and enter, or enter without breaking,
• Into a dwelling house,
• At any time,
• With intent to commit felony or misdemeanor (varying degrees of punishment)

Question 6

Motion to Sever Trials (Rule 3A:10(a))

Answer 6

Courts may sever trials if a joint trial would prejudice a defendant. If unrelated charges could prevent a jury from making a fair judgment, severance is likely granted.

Question 7

Requirements for Joint Trial

Answer 7

Offenses must be connected or share common evidence for a joint trial to be proper.

Question 8

Right to a Jury Trial and Waiver

Answer 8

• Under the Sixth Amendment, a defendant has the right to a jury trial but not the right to demand a bench trial.
• A jury trial can only be waived with the consent of the defendant, the prosecution, and the court.

Question 9

Juvenile & Domestic Relations District Court (JDR Court)

Answer 9

Has original jurisdiction over most juvenile offenses.

Question 10

Automatic Transfer of Juvenile for Certain Felonies

Answer 10

Under VA Code § 16.1-269.1(C), a juvenile 16 or older is automatically tried as an adult if charged with:

• Murder (first or second degree)
• Aggravated malicious wounding
• Felony by firearm (e.g., armed robbery, carjacking)
• Certain violent sexual offenses

Once probable cause is found in juvenile court, the case is automatically transferred to circuit court for prosecution as an adult.

Question 11

Discretionary Transfer for Juveniles

Answer 11

Under VA Code § 16.1-269.1(A)–(B), the Commonwealth’s Attorney may seek to transfer a juvenile 14 or older if charged with a felony, such as:

• Robbery
• Burglary
• Felony assault
• Drug distribution
• Grand larceny

Question 12

Steps for Discretionary Transfer of Juvenile

Answer 12

• The prosecution files a motion requesting the transfer.
• Juvenile court holds a hearing to determine whether the juvenile is competent and whether transfer is in the public interest. Factors Considered: Seriousness of the offense; The juvenile’s age and maturity; Prior criminal record; Whether the juvenile can be rehabilitated.
• If the court finds probable cause and determines transfer is appropriate, the case moves to circuit court.

Question 13

What is required before a juvenile case is transferred to circuit court?

Answer 13

A preliminary hearing in JDR.

If the juvenile court finds probable cause, it loses jurisdiction, and the case is transferred for indictment.

Question 14

Invocation of the Right to Remain Silent

Answer 14

• A suspect must be advised of their Miranda rights before custodial interrogation.
• A suspect’s clear invocation of the right to remain silent must be honored, and further questioning must cease.
• Law enforcement may not continue interrogation after an unequivocal assertion of the right to remain silent.

Question 15

Right to Cross-Examine a Witness on Bias

Answer 15

• The Sixth Amendment’s Confrontation Clause guarantees the right to cross-examine witnesses.
• Plea agreements of testifying witnesses are relevant to credibility and may be used for impeachment.
• A witness’s potential bias due to self-interest in securing a favorable plea deal is a legitimate subject for cross-examination.

Question 16

Principal in the Second Degree for Felony Murder

Answer 16

An accomplice aiding in the commission of a felony may be held liable for felony murder when there is concert of action.

Question 17

Concert of Action

Answer 17

When individuals act together with shared intent, they may be held equally responsible for the resulting crime.

Question 18

Conspiracy Liability

Answer 18

A co-conspirator may be held liable for crimes committed by fellow conspirators if a prior agreement to commit the crime can be established.