VA Addt'l Criminal Procedure

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VA Addt'l Criminal Procedure
2012-01-28 16:40:07
VA barbri

VA Addt'l Criminal Procedure
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  1. Court System
    • District Court: no juries, no record, original juris over misd and prelim for felonies
    • Circuit Court: trials, orig juris felonies, appeals from dist (de novo)
    • CAV: no appeal of right (petition), final appeal for misd if no jail
    • SCV: review if substantial const question or issue of sig precedential value, death penalty automatic appeals
  2. SOLs
    • Felony: no limitation
    • Misd: one year
    • Continuing Offenses: no limitation
  3. Preliminary Hearing
    • held in district court
    • charged w/ a felony has a right to a prelim hearing unless an indictment is returned prior to the prelim hearing
    • right is wavied if not raised before trial
    • Options for prelim hearing judge:
    • no probable cause and discharge accused
    • probable cause (misd - proceed w/ trial) (felony - certify to CC and commit accused to jail or admit bail)
  4. Forms of Indictment
    • Indictment: a written accusation of a crime prepared by the attorney for the CW and returned a true bill upon oath or affirmation of a legally impaneled grand jury
    • Presentment: a written accusation of a crime prepared and returned by a grand jury from its own knowledge or observation w/out any appropriate bill laid before them
    • Information: a written accusation of a crime or a complaint for forfeiture of property/money, prepared and presented bya competent public official upon his oath of office
  5. Forms of Indictment
    • irregularities in time or manner do not vitiate the indictment b/c they are considered harmless errors
    • except for failure to state an offense or racial exclusion on grand jury
    • D may not be tried for a felony unless an indictment or presentment has been found or made by the proper grand jury, unless D waives this right
  6. Arraignment
    • Felony: not necessary if waived by accused
    • Misdemeanor: not necessary if waived (accused or counsel) or D fails to appear
  7. Discovery
    • Trial court can order discover of statements or confessions fot he D, which includes written and recorded statemetns of teh accused in connection w/ a particular case; or oral statements only if made to a police officer
    • Requirements:
    • Discoverable items must be relevant to the case, and items must be known to be w/in the possession, custody or control of CW
    • Reciprocal discovery: if discovery is granted to the defense, the prosecution may move the court for reciprocal discovery (attaches only after the defense has been permitted some discovery of the state's case)
  8. Habeas Corpus
    • civil trial where D is civil P and sues govt for a constitutional violation
    • Grounds:
    • 1. Basis of holding the D is unconstitutional, or
    • 2. Manner of holding D is improper/unconst
    • Venue is where D was sentenced except death penalty straight to SCV
  9. Waiver
    • Can't waive appearance and failure to state offense
    • Three waivable right by affirmative action - counsel, Miranda, jury trial
    • All other rights wavied by failure to assert