VA Crim/Pro Flashcards
Conspiracy
In Virginia, the crime of conspiracy is complete when the parties agree to commit an offense.
Motions to Suppress Evidence
motions seeking to exclude evidence, must be raised in writing before trial by motion filed and notice given to opposing counsel not later than seven days before trial in circuit court
Attempt
One who intends to commit a crime and commits a direct, but ineffectual act towards commission of the crime, has committed the crime of an attempt.
Motion to Exclude Witnesses
General Rule: On the motion of either party, the court is required to exclude witnesses from the trial until they are called to testify.
Exception for Victims: Victims of crimes are permitted to remain in the courtroom during the trial unless their presence would impair the fairness of the trial.
When witnesses must be excluded
A court is required, on motion of either party, to exclude the witnesses to be called in a trial. However, this is subject to an exception that permits victims to remain in the courtroom during the trial, unless the court finds that the presence of the victims would impair the conduct of a fair trial
(Witness is likely to be influenced by watching the testimony of others who did not witness the actual crime)
Motion to Strike
Motions to strike test the sufficiency of the evidence, and when made at the conclusion of the Commonwealth’s case, they are viewed in a light most favorable to the Commonwealth.
Suppression of Particular Evidence
An attempt to suppress particular items of evidence, such as witness statements of identification oritems of physical evidence, must be made by a motion to suppress, not a motion to strike.
Probable Cause
Probable cause is a reasonable belief that a crime has been committed, and that a particular person committed it. Police must have probable cause to make an arrest. Probable cause is a common-sense standard, and is satisfied when an identifiable person, such as a victim, witnesses a crime and reports it.
CC Motions to Suppress
In Circuit Courts, motions to suppress evidence must be filed in writing,
with notice to opposing counsel, at least seven days prior to trial.
Elements of Common Law Burglary in Virginia
Breaking and entering
Of the dwelling of another
At night
With the intent to commit a felony or larceny therein
Definition of Robbery in Virginia
The taking, with intent to steal, of the personal property of another, from his person or in his presence, against his will, by violence or intimidation.
What constitutes Abduction in Virginia?
The seizure, taking, transporting, or detaining of a person by force, intimidation, or deception, with the intent to deprive them of personal liberty.
Use of a Firearm in Commission of a Felony
A separate offense in Virginia, requiring proof that the accused used or displayed a firearm in a threatening manner while committing or attempting to commit a felony.
Definition of Larceny in Virginia
The unlawful taking and carrying away of the personal property of another with the intent to permanently deprive the owner of possession.
Aggravated Malicious Wounding in Virginia
Maliciously causing bodily injury to another with the intent to maim, disfigure, disable, or kill, resulting in severe injury and permanent and significant physical impairment.
