SOLs/Prevention/Extradition

Question 1

When do SOLs begin to run?

Answer 1

Upon commission of the crime

Question 2

When do SOLs cease to run?

Answer 2

Upon commencement of prosecution.

Question 3

When are SOLs tolled?

Answer 3

During the time the accused is fleeing from justice.

Question 4

What are the SOLs for felonies?

Answer 4

No SOLS for felonies.

Question 5

What is the general SOL for misdemeanors?

Answer 5

1 year.

Question 6

Is there any limitation for continuing offenses?

Answer 6

No.

Question 7

If the defendant fails to raise the defense of SOL before the verdict/judgement, does he waive it?

Answer 7

Yes.

Question 8

What is the special rule regarding satisfaction and discharge of assault cases?

Answer 8

1. If the defendant is charged with assault and battery or another misdemeanor with a civil remedy, and
2. the victim appears before the court and acknowledges in writing that he has received satisfaction for the injury, then
3. The court may supercede the commitment, discharge the recognizance, or dismiss the prosecuton that has been instituted.

Question 9

What is the exception regarding satisfaction and discharge of assault cases?

Answer 9

The court is not allowed to dismiss if the offense was committed:

1. By or upon any law enforcement officer,
2. riotously,
3. against a family or household member, or
4. with intent to commit a felony.

Question 10

What is a recognizance?

Answer 10

A promise to do something, e.g. to come back to court, to not assault someone, etc…

Question 11

What is the rule regarding criminal threats?

Answer 11

Any person who threatens to kill or injury another or to commit violence against another’s property or to trespass upon property will be required to give recognizance to keep the peace for up to 1 year.

Question 12

How is a recognizance instituted?

Answer 12

It is required following a hearing before a judge, and if the accused refuses to give such recognizance, he will be jailed.

Question 13

As it pertains to extradition of criminals, Virginia has adopted…

Answer 13

the Uniform Criminal Extradition Act.

Question 14

What is the procedure for extradition?

Answer 14

Upon written demand of the executive of any oher state, the governor must have arrested and delivered any person charged by that state with commission of a crime.

Question 15

What must the state’s demand allege?

Answer 15

1. That the accused was present in the demanding state at the time of the alleged crime and thereafter fled the state, or
2. That the accused committed an act in the demanding state, or in a third state, intentionally resulting in a crime in the demanding state.