Sep 28, 2021 · Virginia Code § 19.2-265.3. The defense needs always to be ready for challenging the prosecution at trial, and to seize all opportunities that come from prosecutor’s unpreparedness and trial date continuance motions. Fairfax criminal lawyer Jonathan Katz pursues your best defense challenging Virginia DUI, felony and misdemeanor prosecutions.
Feb 13, 2020 · 1. He will not appear for trial or hearing or at such other time and place as may be directed, or. 2. His liberty will constitute an unreasonable danger to himself or the public. Admission to bail and the setting of a bond is in the decision of a judge, not a prosecutor. A prosecutor’s agreement that a bond is appropriate is very persuasive ...
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2 days ago ·
appeal - A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant.
Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.May 21, 2020
A motion to quash an execution may, after reasonable notice to the adverse party, be heard and decided by the court which issued the execution.
To be sure, there are times that letters (written in consultation with an attorney) can be useful, such as at the time of sentencing. However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help.Aug 1, 2015
Courts have explained that bias is a favorable or unfavorable opinion that is inappropriate because it is not deserved, rests upon knowledge that the judge should not possess, or because it is excessive.
The section above basically tells us that a judge cannot be sued (in a civil action) for anything he does in the course of carrying out his duty if he does it in good faith. This means that even if the judge misinterprets a point of law or misapplies it, he or she cannot be sued for it.
To file a Motion to Quash, send it directly to the judge who is hearing the case. (If you are not sure who that is, contact the clerk of the court where the case is being heard and request information about the name of the judge and the proper address to whom it should be mailed or emailed.)
– At any time before entering his plea, the accused may move to quash the complaint or information. Sec. 2. Form and contents.
A judge or clerk of a district court may issue a subpoena duces tecum pursuant to the terms of Rule 4:9A of the Rules of the Supreme Court of Virginia except that such subpoena may be directed to a party to the case as well as to a person who is not a party.
A letter requesting leniency should always address the judge as “Your Honor.” The letter should be truthful and express regret for the offense, unless the defendant is maintaining their innocence of the charges. It should note the defendant's efforts to rehabilitate themselves in chronological order.Sep 13, 2021
Include only important details and make every sentence count. Begin the body of the letter by stating more details about the case it involves. State the decision you are asking him to reconsider and explain the reasons why. Offer several reasons you believe the decision should be reconsidered.Dec 19, 2018
Can I ever communicate directly with the court? Yes. Certain ex parte communications to a judge or court personnel are allowed by law. For example, if you are contesting a citation (commonly called a “ticket”) for a traffic infraction, the law allows you to submit a written explanation directly to the court.
Virginia law states that the judge shall presume that no condition or combination of conditions will reasonably assure the appearance of the accused or the safety of the public if the accused is currently charged with one of the crimes listed in Section 19.2-120 (B) (below).
When your lawyer has to present evidence and arguments in rebuttal of the presumption against bail, a judge’s determination of whether there are conditions of release that will reasonably assure the appearance of the accused and the safety of the public will be guided by these factors:
A. If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article , the person may appeal the decision of the judicial officer.
This is called a Motion to Admit the Defendant to Bail and Set Bond, or a Motion for the Reduction of Bond. Lawyers also refer to these as pretrial release motions. Setting a reasonable bond in Virginia is based on numerous legal grounds, to include: the Bill of Rights – 8th Amendment – United States Constitutional prohibition of excessive bail, ...
Individuals charged with serious offenses and individuals who have a history of not appearing in court, will not be set free after an arrest (bail will be denied by the magistrate.) The defendant will need to have an attorney file a motion on his behalf to try and argue for release in front of a Judge. This is called a Motion to Admit the Defendant to Bail and Set Bond, or a Motion for the Reduction of Bond. Lawyers also refer to these as pretrial release motions.
The only way for the accused to possibly be released on a reasonable bond is to go through a bond hearing with the prosecutor and defense lawyer and prove his case for pretrial release to a judge. List of offenses where the burden of proof for pretrial release is on the defense:
If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, any judge of a circuit or general district court by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this Commonwealth. Recovery may be had on such bond in the name of the Commonwealth as in the case of other bonds given by the accused in criminal proceedings within this Commonwealth.
Virginia open meetings law provides that any person may "photograph, film, record or otherwise reproduce any portion of a meeting required to be open." However, the public body conducting the meeting "may adopt rules governing the placement and use of equipment necessary for broadcasting, photographing, filming or recording a meeting to prevent interference with the proceedings." Virginia Code § 2.2-3707 (H). But the adopted rules may not "prohibit or otherwise prevent any person from photographing, filming, recording, or otherwise reproducing any portion of a meeting required to be open," and " [n]o public body shall conduct a meeting required to be open in any building or facility where such recording devices are prohibited." Virginia Code § 2.2-3707 (H).
Virginia Code § 2.2-3707 (H). For information on your right of access to public meetings, please consult the Access to Government Information section of the guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Virginia .
Virginia's wiretapping law is a "one-party consent" law. Virginia makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Virginia Code § 19.2-62 . Therefore, if you operate in Virginia, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should abide by the recording law of the most restrictive state involved, or play it safe and get the consent of all parties.
However, you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private. Violation of the Virginia law is a felony, punishable by imprisonment and fine. See Virginia Code § 18.2-10 for more details.
Recording is allowed in Virginia state courtrooms at the sole discretion of the presiding judge. It is, however, flatly prohibited in certain types of sensitive cases (e.g., those involving juveniles or sexual offenses; however, a juvenile who is tried as an adult is excluded from the prohibition on recording. See Novak v. Commonwealth, 20 Va. App. 373, 390-91 (1995)). Only two television cameras and one still photographer are allowed in a courtroom at any given time. For a complete list of the statutory guidelines, see Va. Code 19.2-266.