They are required to work within the United States Constitution, the Virginia Constitution, the laws of the Commonwealth of Virginia and they are guided by Supreme Court ethical rules. Prosecutors are advocates for crime victims and those without a voice.
The preliminary hearing is a hearing where the District Court judge must determine if their is probable cause for the case to be certified to the Grand Jury. The prosecutor, or Commonwealth’s Attorney has to put on some of their evidence to establish probable cause that the defendant committed the crime for which he is charged.
On July 1, 2020 new rules will take effect that will balance transparency and fairness with the need to protect victims and witnesses of crimes. Virginia’s Commonwealth’s Attorneys were proud to support these new rules and took an active role in drafting them.
Pursuant to the Rules of the Supreme Court of Virginia Part 6, § IV, Paragraph 13-30, disciplinary matters are confidential and become public only when charges are issued. All questions about disciplinary matters can be directed to Bar Counsel at (804) 775-0575. The disciplinary process consists of four stages.
A preliminary hearing. At this stage, the court will consider whether the Commonwealth of Virginia has enough evidence to establish probable cause that you committed the crime you were charged with. If probable cause is established, your case will be sent to the grand jury.
Contrary to what many might think, your attorney, the prosecutor, and judges all work together to some extent, in many situations. They might not agree on everything, but the ultimate goal is to have clear, upfront communication that leads to justice and upholds the law and rights of everyone involved.
A preliminary hearing usually has one of three outcomes: Go to trial. Most often, the defendant is held to answer (or "bound over") for trial on the original charge. Reduced charges.
After a preliminary hearing, prosecutors and defense attorneys sometimes agree to "submit the case on the record." When this happens, a judge (not a jury) will review the preliminary hearing transcript to determine the defendant's guilt.
Goal. The prosecutor must charge the accused with a specific crime or crimes, then present evidence that proves beyond a reasonable doubt that the accused is guilty. The defense attorney must defend their client against criminal charges. The client is innocent until proven guilty.
The prosecutor works to prove guilt beyond a reasonable doubt while the defense attorney attempts to create reasonable doubt so that their client is deemed innocent. If the jury says that an individual is guilty, the prosecutor and defense attorneys both help with sentencing.
A preliminary investigation is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.
Who needs to attend? Other than in exceptional cases, the representatives from both parties must be in attendance at a preliminary hearing. Where the Tribunal need to decide a preliminary issue, witnesses may also need to attend.
It is very unlikely that you would go to jail at the preliminary hearing. The court's job is not to find the defendant guilty or not guilty. Instead, the judge's role is to determine whether there is enough evidence for the charges to proceed to the Court of Common Pleas for trial.
Yes. It is possible for a case to be dismissed at the pretrial hearing. During the hearing, the judge will likely issue a decision regarding any pretrial motions to dismiss the case. Thus, if those motions are successful, your case may be dismissed at the pretrial.
If the magistrate orders that a person be held without bond, that person will then be taken to the local jail and held there until their first court appearance. This usually happens within 1-3 days from when they were arrested.
It is usually a short meeting for the Judge to decide how the case should be organised. The first hearing (First Hearing Dispute Resolution) is usually quite short, and everyone is asked to prepare information for another hearing a few weeks later.
The accused in any hearing or trial in which a certificate of analysis is offered into evidence shall have the right to call the person performing such analysis or examination or involved in the chain of custody as a witness therein, and examine him in the same manner as if he had been called as an adverse witness.
Before conducting the hearing or accepting a waiver of the hearing, the judge shall advise the accused of his right to counsel and, if the accused is indigent and the offense charged be punishable by confinement in jail or the state correctional facility, the judge shall appoint counsel as provided by law. B.
Any objection by counsel for the accused, or the accused if he is proceeding pro se, to timeliness of the receipt of notice required by subsection A shall be made before hearing or trial upon his receipt of actual notice unless the accused did not receive actual notice prior to hearing or trial.
A. In any trial and in any hearing other than a preliminary hearing, in which the attorney for the Commonwealth intends to offer a certificate of analysis into evidence in lieu of testimony pursuant to § 19.2-187, the attorney for the Commonwealth shall: 1.
Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case. A. The judge before whom any person is brought for an offense shall, as soon as may be practical, in the presence of such person, examine on oath the witnesses for and against him. Before conducting the hearing or accepting a waiver ...
Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section). While a witness is under such examination all other witnesses may by order of the judge be excluded from the place of examination and kept separate from each other. Code 1950, § 19.1-104; 1960, c. 366; 1968, c. 639; 1975, c. 495.
If, upon proper request made by counsel of record for the accused, a copy of such certificate is not mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused in a timely manner in accordance with this section, the accused shall be entitled to continue the hearing or trial.
If you ask a prosecutor in Virginia why they do what they do, most would agree that they have a desire to serve their community, pursue social justice and to do the right thing. They understand both the responsibility and the privilege of serving as a prosecutor.
In the most serious criminal cases, prosecutors often recommend prison sentences to separate dangerous people from the public so they can’t hurt others. In other cases, prosecutors recommend counseling, restitution, diversion or other alternative solutions to seek justice and work to provide access to services people need to stay out of the criminal justice system.
Defendants have extensive rights in our legal system. These rights stem directly from the Constitution of the United States, as well as the Constitution of Virginia. It is the job of Commonwealth’s Attorney to do everything in his or her power to protect the rights of anyone who is charged in a criminal case.
PUBLIC REPRIMAND for more serious rule violations. SUSPENSION of the lawyer’s license to practice law for a period of up to five years, during which time the lawyer cannot practice law. REVOCATION of the lawyer’s license to practice law.
The investigator will write a report for the bar counsel. After the complaint has been referred for further investigation, it may take several months for the investigator to complete the investigation because the investigator is investigating other complaints that were filed earlier.
If the district committee decides that the lawyer violated an ethics rule, it will impose discipline, which will be recorded on the lawyer’s permanent VSB record. In cases of serious misconduct, a subcommittee or a district committee can send the case to a higher body, the Disciplinary Board.
The bar counsel will send the complaint to the lawyer involved and request a written response. Most lawyers respond to bar complaints. If we receive a response from the lawyer, we may send the response to the complainant for comment. The complainant’s input helps the bar counsel analyze the merits of the complaint.
When a lawyer is disciplined, the VSB records the discipline imposed on the lawyer’s permanent record. Disciplinary sanctions include: 1 PRIVATE REPRIMAND or PRIVATE ADMONITION for less serious rule violations 2 PUBLIC REPRIMAND for more serious rule violations 3 SUSPENSION of the lawyer’s license to practice law for a period of up to five years, during which time the lawyer cannot practice law 4 REVOCATION of the lawyer’s license to practice law
Stage 1: Preliminary Investigation. After an intake attorney reviews the complaint and decides that it falls within the VSB’s jurisdiction, it is assigned to a VSB attorney, called bar counsel, for investigation. The bar counsel will send the complaint to the lawyer involved and request a written response.
The confidentiality requirement means that the VSB cannot and will not discuss the complaint with anyone except the complainant, the lawyer involved, witnesses who might have information about the complaint, and VSB staff or volunteers within the disciplinary system.
The American Bar Association answers the question, “What is a prosecutor?” by saying that it is a prosecutor’s job to protect the innocent and seek justice within the bounds of the law.
In Virginia, prosecutors are constitutional officers elected by the people to be the Commonwealth’s Attorney. Each jurisdiction—that is, each county and independent city—elects the Commonwealth’s Attorney every four years.
The prosecutor’s role is to accuse the defendant with a specific crime or set of crimes. The prosecutor will then seek to prove beyond a reasonable doubt that the defendant is guilty. The defense attorney’s role is to represent the accused individual or corporation, defending them against those charges.
The Commonwealth’s Attorney cannot see herself as the attorney for the “victim” of a crime or for the police; the prosecutor’s client, ultimately, is Justice itself.
Most Commonwealth’s Attorneys in Virginia hire one or more assistants to assist in the prosecution of criminal cases. Here in Harrisonburg, our Commonwealth’s Attorney has a stable of approximately a dozen lawyers who are tasked to assist the Commonwealth’s Attorney in the prosecution of criminal offenses. Most of our cases, then, are prosecuted by assistants rather than by the elected Commonwealth’s Attorney..
Many jurisdictions in Virginia have a Public Defender’s Office which in some ways mirrors the Commonwealth’s Attorney’s Office.
If you believe you need to request a court-appointed attorney, the judge will at your first appearance ask you to complete an affidavit listing your income, your assets, and your liabilities.
Felonies in Virginia are tried in the Circuit Court. However these charges often start with an arrest or summons in the District Courts, either General District Court or Juvenile and Domestic Relations District Court. Process in the district court begins with the arrest or summons. If a person is arrested, they will be brought before ...
The prosecutor, or Commonwealth’s Attorney has to put on some of their evidence to establish probable cause that the defendant committed the crime for which he is charged. The Defendant does not have to put on ay evidence, and usually doesn’t at this stage, since it is the Commonwealth who has to prove probable cause.
An indictment can be issued by the Grand Jury either from a case that was certified by a District Court judge or by what is called Direct Indictment by the Commonwealth’s Attorney. A person who is Direct Indicted does not go through any of the process in the District Court. A Capias is issued and the person is contacted and told to appear in ...
The Grand Jury meets every month or so to issue indictments. It consists of citizens who serve as grand jurors for a period of a few months. They hear testimony from police and argument from the prosecutor, or Commonwealth’s Attorney, and they issue indictments.
The Term Day appearance is very brief, but there can be many recently indicted people present on each Term Day, which is usually held once per month or so. At every hearing in the Circuit Court for felony cases there is a court reporter present to make a record of each case.
After the Defense is finished, the Commonwealth has the opportunity to present rebuttal evidence, and may call witnesses to the stand and present other evidence again.
If a person is held in jail, their arraignment will usually take place the first time they see the judge. Otherwise they will have to appear in the court room for arraignment.
A plea to set charges in exchange for not adding other charges. An agreement to reduce the sentence based on the defendants’s lack of a record or weakness of the evidence. A plea to a set of charges in return for a reduced or alternative sentence in exchange for information or to testify against other defendants.
Your defense attorney failed to fully investigate your case and exculpatory evidence comes to light that a competent attorney would have discovered earlier. Your plea was entered by your attorney without your consent. You were denied a fundamental right such as the right to have an attorney.
The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre.
A plea of nolo contendre is a guilty plea. Its effect is in civil cases where a victim may elect to sue the defendant for civil damages by not allowing the plea in the criminal case to be evidence of an admission of guilt to the underlying charge. About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in ...
An adverse consequence of an Alford plea is that a probation officer and judge may feel that your failure to take full responsibility for your conduct weighs against a lenient sentence. This a matter to be discussed with your defense attorney.
A plea agreement must be approved by the court. In rare situations, a judge will reject an agreement made by a prosecutor and defense attorney requiring a renegotiation of the plea. The Plea Must Be Voluntary.
About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in matters where one side will not accept a plea offer if one is offered and/or the defense believes that the prosecutor cannot prove its case.
A supervising attorney can charge their apprentice a fee, but McClenney said her supervisor, Virginia Beach lawyer Richard Doummar, didn’t. Currently, there are just nine people participating in Virginia’s program, said Brooke O’Kelly, an investigator for the board of examiners.
Likely the most famous current legal apprentice is reality television star Kim Kardashian, who announced last year that she’s participating in a four-year program in California and hopes to take the bar exam by 2022.
Only three other states offer the opportunity to obtain a law license that way: California, Vermont and Washington.
It is considered the unauthorized practice of law for a suspended lawyer to hold himself out as authorized to practice law . It is also “false and misleading” for a suspended lawyer to continue advertising and using letterhead, notices, and signage which state or imply that he is available to perform legal services. A lawyer should therefore take all practical steps to alter the content, or to discontinue use, of any medium of communication which advertises the suspended lawyer’s availability. Firm names which are “trade names” containing the last name of a suspended lawyer, along with one or more other lawyers’ last names, need not be changed during the period of the lawyer’s suspension. However, a firm must amend its letterhead and all website and other advertising to either delete the name of the suspended lawyer or otherwise indicate his ineligibility to practice.
A suspended attorney who endorses and/or files a motion to withdraw or a motion for substitution of counsel does not engage in the unauthorized practice of law. Such conduct is consistent with the suspended lawyer’s obligation to make appropriate arrangements for the disposition of matters in the lawyer’s care in conformity with the clients’ wishes.
The negotiation of a lien can involve the application of law to fact, and requires that the lawyer consult with and advise the client of the legal consequences which attend the client’s decision to authorize, or refuse to authorize, a proposed settlement of a third party’s claim against the client.
No. A suspended lawyer may not give any legal advice or perform legal services on behalf of a client. A client who entrusts a lawyer with a legal matter should have unfettered access to that lawyer for advice and legal services, even when circumstances suggest that legal services need not be performed until a date following the suspended lawyer’s reinstatement. A client may have questions concerning his legal matter while the lawyer remains suspended, or circumstances may change, making it essential that the client’s legal matter be addressed before the suspended lawyer is reinstated. A client who wishes to engage a suspended lawyer to handle a legal matter should retain his own funds pending the lawyer’s reinstatement because the client’s resources may have to be used to engage a different lawyer should legal advice or action be necessary while the suspended lawyer remains ineligible to practice.
A suspended lawyer may receive revenues only for work performed by him or other members of his firm during a period which predated the effective date of the lawyer’s suspension. See Rule 5.4.
Yes. A suspended lawyer must notify all clients in writing of the suspension, pursuant to Part Six, Section IV, Paragraph 13-29 of the Rules of the Supreme Court of Virginia. No misrepresentations may be made regarding the lawyer’s suspension.
No. A lawyer who is counsel of record in a case has continuing duties to the client of competence, diligence, and communication. A lawyer identified in a case file as counsel of record holds himself out as authorized to practice law and to receive notices and pleadings from the court and others. A suspended lawyer is not the proper recipient of pleadings filed in a case, or of other communications by or on behalf of the court and/or other litigants in pending litigation. A suspended lawyer may not respond as a client’s lawyer to other parties’ actions and filings in a pending case, and may not give legal advice to the client during the period of suspension. Accordingly, a suspended attorney must withdraw from every case in which he is counsel of record since counsel of record must at all times during the pendency of a case be authorized to practice law. Following reinstatement, the formerly suspended lawyer may resume representation by substituting himself as counsel of record for the pro se client or for a licensed attorney who served as counsel of record for the client on an interim basis.