Virginia Criminal Law Flashcards
A misdemeanor charge must be brought within…
one year after the COA arose.
Exception: petit larceny
What is needed to obtain a search warrant, and what must be in the search warrant?
Any judge, magistrate, or other person having authority to issue criminal warrants may issue a search warrant, based upon (1) complaint on oath supported by an affidavit (2) reasonable and probable cause for issuance of warrant (based on totality of the circumstances) (3) warrant must include name, recite the offense in relation to which the search is to be made, name or describe the place to be searched, and describe the property or person to be searched for?
When can an officer make an arrest without a warrant?
a. If not committed in the officers presence, officer receives a radio message from agency within the commonwealth that a warrant for such offense is on file;
b. any person who commits a crime in front of the officer;
c. when a person in the custody of an officer escapes or flees
NOTE: An officer cannot arrest someone JUST BECAUSE the officer believes there is an outstanding warrant.
An accused may plead not guilty, guilty, or nolo contendere. In a felony case, with the approval of the court and consent of the Commonwealth a defendant may enter into a conditional plea of guilty…
reserving his right on appeal to a review of the adverse determination of any specified pre-trial motion.
The court and counsel for either party shall have the right to examine, under oath, any person called as a juror and ask such person or juror directly any…
relevant question to ascertain whether: he is related to either party; he has any interest in the cause; he has expressed or formed any opinion; or he is sensible of any bias or prejudice therein
A spouse cannot be compelled to testify against the other spouse, except:
(1) where the case involves a crime committed by one spouse against the other, (2) against a minor child of either spouse, (3) or in any proceeding relating to a criminal sexual assault, (4) crimes against nature involving a minor as a victim and provided the D and victim are not married to each other, (5) incest (6) abuse of children.
In the penalty phase, the Commonwealth may…
(1) present any victim impact testimony (2) evidence of the D’s prior criminal history, including prior convictions and punishments (D must be given 14 days notice of intent to introduce such evidence).
If a juvenile is accused of capital murder, 1st degree murder, 2nd degree murder, lynching, or aggravated malicious wounding….
there must be a preliminary hearing where the court decides if there is probable cause, and if there is, the case gets referred to a grand jury to certify the case. Once this occurs, the case goes to adult court.
