| Publication Date: | 2020 |
| Electronic Forms: | 74 |
| Available Formats: | Print (1,022 pages, softcover, 1 volume) |
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| Product #: | 877 |
[This book provides] the most comprehensive explanation of Virginia Criminal Procedure currently available. Defending Criminal Cases in Virginia not only provides detailed explanations of procedures, but has drawn motion samples from some of the best criminal defense attorneys around the state.” – Corinne J. Magee, co-editor
“No other practice manual has the focus, emphasis, and commitment to anticipating the needs of criminal defense attorneys who sometimes require fast answers, current information, and useful recommendations.” – David L. Heilberg, co-editor
2020 has been a ground-breaking year in Virginia’s criminal justice system. When this book went to press, the special session of the Virginia Legislature was considering changes to the law that would, among other things, allow deferral of sentencing in criminal cases on terms set by the court, require police officers to intervene when excessive force is used by another officer, broaden the bases for expungement, and could also give the defendant the choice of being sentenced by the court instead of by the jury in all but capital cases.
Defending Criminal Cases in Virginia is the only Virginia criminal practice text written by and for practicing criminal defense attorneys, Defending Criminal Cases in Virginia is a hands-on, start-to-finish tool for beginning and experienced criminal defense lawyers. It provides coverage of the entire process of representing criminal defendants from arrest through sentencing and appeal. Significant portions of the book are devoted to tactics and techniques and the practical advice is complemented by a large number of editable electronic forms.
The new edition covers changes to Virginia’s criminal discovery rules including new forms for requesting this, changes to the transfer rules for treating juvenile offenders as adults, and expansion of deferred dispositions for most misdemeanor property crimes. Updates to case law and statutory updates current through the 2020 regular legislative session are also addressed.
CHAPTER 1: INTRODUCTION TO THE CRIMINAL PROCESS
1.1 THE CONCEPTS AND OBJECTIVES OF THE CRIMINAL
PROCESS
1.101 Inquisitorial and Adversarial Legal Systems
1.102 Procedural Due Process
1.2 SOURCES OF THE LAW
1.201 Constitution, Laws, and Treaties of the United States
1.202 Supreme Court Cases as Precedent
1.203 Virginia Constitution
1.204 Virginia Crimes and Offenses Generally
1.205 Virginia Code of Criminal Procedure
1.206 Rules of the Supreme Court of Virginia
1.3 TERMINOLOGY AND CLASSES OF OFFENSES
1.301 Definitions
1.302 Classification of Crimes
1.303 Unclassified Crimes
1.4 THE CRIMINAL JUSTICE SYSTEM IN VIRGINIA
1.401 In General
1.402 The Courts
1.403 Clerks of Court
1.404 Commonwealth’s Attorneys
1.405 Magistrates
1.5 SEQUENCE OF A TYPICAL CRIMINAL CASE
1.501 Arrest and Arraignment
1.502 Preliminary Hearing or Trial on Misdemeanor
1.503 Grand Jury Indictment and Arraignment in Circuit
Court
1.504 Disposition in Circuit Court
1.6 GENERAL DUTIES OF DEFENSE COUNSEL
1.601 Initial Action
1.602 Fee Arrangements
1.603 Documenting Adequacy of Representation
1.7 PROFESSIONAL RESPONSIBILITY AND ETHICAL
CONSIDERATIONS
1.701 In General
1.702 Lawyer’s Duty to Provide Legal Service
1.703 Competency to Handle Case
1.704 Representing the Interests of the Client
1.705 Preserving Client Confidences and Secrets
1.706 Fees
1.707 Termination of Representation
APPENDIX 1-1: INITIAL CLIENT INTERVIEW CHECKLIST
APPENDIX 1-2: FEE AGREEMENT LETTER
APPENDIX 1-3: MEMORANDUM OF ADVICE TO CLIENT
APPENDIX 1-4: RELEASE OF INFORMATION FORM
APPENDIX 1-5: CODEFENDANTS’ CONFLICT WAIVER
APPENDIX 1-6: COOPERATIVE DEFENSE AGREEMENT
2.1 GENERAL CONSIDERATIONS
2.101 Scope of Right
2.102 Determination of Indigence
2.2 PROCEEDINGS IN WHICH THE RIGHT TO COUNSEL
APPLIES
2.201 In General
2.202 Pretrial Proceedings
2.203 Post-Trial Proceedings
2.204 Duration of Appointment
2.3 WAIVER OF RIGHT TO COUNSEL; RIGHT TO PROCEED
PRO SE
2.301 In General
2.302 Procedure
2.303 Implied Waiver
2.304 Right to Proceed Pro Se
2.4 COURT-APPOINTED COUNSEL AND PUBLIC DEFENDERS
2.401 Standards for Court-Appointed Counsel
2.402 Public Defender System
2.403 Compensation of Court-Appointed Counsel
2.5 RIGHT TO OTHER SERVICES AT STATE EXPENSE
2.501 Investigative and Expert Services.
2.502 Transcripts
2.6 LIABILITY FOR FEES AND COSTS
2.7 RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
2.701 In General
2.702 Right to Adversarial Performance
2.703 Right to Counsel in Preparing Defense
2.704 Right to Competent Counsel
2.705 Substitution of Court-Appointed Counsel
2.706 Right to Non-Appointed Counsel of Choice
2.8 COLLATERAL CONSEQUENCES OF UNCOUNSELED
CONVICTION
APPENDIX 2-1: DC-333: FINANCIAL STATEMENT—ELIGIBILITY
DETERMINATION FOR INDIGENT SERVICES
APPENDIX 2-2: MOTION TO WITHDRAW AS COUNSEL
APPENDIX 2-3: ORDER PERMITTING WITHDRAWAL AS
COUNSEL
APPENDIX 2-4: MOTION FOR APPOINTMENT OF EXPERTS
APPENDIX 2-5: MEMORANDUM IN SUPPORT OF MOTION FOR
APPOINTMENT OF EXPERTS
3.1 GENERAL CONSIDERATIONS
3.2 THE ACT OF ARREST
3.201 In General
3.202 Constitutional Probable Cause Standard
3.3 WHEN WARRANT IS REQUIRED
3.301 Constitutional Requirements
3.302 Statutory Requirements
3.4 ARREST WITH WARRANT OR SUMMONS
3.401 Authority to Issue Warrant or Summons
3.402 Complaint
3.403 Form and Content of Arrest Warrant
3.404 Summons Instead of Warrant in Certain Cases
3.405 Execution of Warrant or Summons
3.5 ARREST WITHOUT WARRANT
3.501 General Statutory Authority
3.502 Authority of Correctional Officers
3.503 Territorial Authority
3.504 Officer May Issue Summons in Certain Cases
3.505 Officer Must Be in Uniform
3.506 Pursuit and Arrest Incident to Escape or Flight from
Custody
3.507 Arrest Incident to Family Abuse or Violation of
Protective Order
3.508 Arrest of Illegal Aliens
3.509 Arrest by Officer from Another State
3.510 Use of Force
3.6 PROCEDURE AFTER ARREST
3.601 Procedure After Arrest With Warrant
3.602 Procedure After Arrest Without Warrant
3.603 Delay in Bringing Accused Before Magistrate
3.604 Extradition
3.7 CONSEQUENCES OF ILLEGAL ARREST
3.701 In General
3.702 Derivative Evidence (Fruit of the Poisonous Tree)
3.8 STOP AND FRISK
3.801 In General
3.802 The Standard
3.9 ENTRAPMENT
3.901 In General
3.902 The Standard
APPENDIX 3-1: MOTION TO SUPPRESS; MOTION IN LIMINE
APPENDIX 3-2: MOTION TO SUPPRESS UNLAWFUL PAT-DOWN
EVIDENCE
CHAPTER 4: SECURING PRETRIAL RELEASE
4.1 GENERAL CONSIDERATIONS
4.101 The Constitutional Standard
4.102 Practical Considerations
4.103 Virginia Bail Bondsmen
4.2 THE STATUTORY STANDARD
4.201 In General
4.202 Authority to Grant Pretrial Release
4.203 Setting Terms of Release
4.3 APPEAL AND HABEAS CORPUS
4.4 SECURING APPEARANCE OF MATERIAL WITNESS
4.5 PENALTIES FOR FAILURE TO APPEAR
4.6 RECOGNIZANCES
4.601 Conditions
4.602 Forfeiture
4.7 SATISFACTION AND DISCHARGE OF MISDEMEANOR
4.8 PEACE BOND
APPENDIX 4-1: QUESTIONNAIRE FOR BAIL INFORMATION
APPENDIX 4-2: MOTION TO SET/REDUCE BOND
APPENDIX 4-3: MOTION TO AMEND BOND
APPENDIX 4-4: APPEAL OF BOND DETERMINATION
5.1 GENERAL CONSIDERATIONS
5.101 Pervasive Themes
5.102 The Concept of Probable Cause
5.103 Establishing Probable Cause: Use of Hearsay
5.104 Establishing Probable Cause: The “Staleness” Problem
5.105 Establishing Probable Cause: Use of Dogs
5.2 SEARCHES WITH A WARRANT
5.201 Who May Issue Warrant
5.202 Property Subject to Search and Seizure
5.203 The Affidavit
5.204 Contents of Warrant
5.205 Execution of the Warrant
5.206 Testing the Facially Valid Warrant
5.3 WARRANTLESS SEARCHES
5.301 In General
5.302 Search Incident to Arrest
5.303 Automobile Searches
5.304 Miscellaneous Exceptions: Emergencies and the
Community Caretaking Doctrine
5.305 Waiver: Consent Searches
5.306 The “Plain View” Doctrine
5.307 Abandoned Property
5.4 ADMINISTRATIVE SEARCHES
5.401 In General
5.402 Probable Cause
5.403 Warrantless Searches
5.5 FOURTH AMENDMENT STANDING
5.501 History and Background
5.502 Rakas v. Illinois and Its Progeny: The New Law
of Standing
5.6 THE EXCLUSIONARY RULE
5.601 History and Development
5.602 Motions to Suppress
5.603 Proceedings to Which the Rule Is Applicable
5.604 Exceptions to the Exclusionary Rule
5.605 The “Good Faith” Exception
5.606 The Independent Source Doctrine
5.607 The Inevitable Discovery Doctrine
5.608 The Attenuation Doctrine
5.609 Application to Statutory Violations
5.610 Collateral Use of Illegally Seized Evidence
5.7 ELECTRONIC SURVEILLANCE AND RELATED
ACTIVITIES
5.701 History and Background
5.702 The Federal Electronic Surveillance Statute
5.703 The Virginia Electronic Surveillance Statute
5.704 Related Activities
5.8 INFORMERS AND UNDERCOVER AGENTS
5.9 MISCELLANEOUS SEARCH AND SEIZURE PROBLEMS
5.901 Searches by Private Parties
5.902 Airport Security Measures
5.903 Searches by Public School Authorities
5.904 Drug Testing
5.905 Pretextual Police Motive
5.906 Roadblocks
5.907 Body Cavity Searches
5.908 Searches of Probationers
5.909 DNA Testing
5.10 FORFEITURE
5.1001 In General
5.1002 Procedure
APPENDIX 5-1: NOTICE AND MOTION TO SUPPRESS
APPENDIX 5-2: MOTION TO SUPPRESS—UNLAWFUL SEARCH
OF RESIDENCE
APPENDIX 5-3: MEMORANDUM IN SUPPORT OF MOTION TO
SUPPRESS EVIDENCE FROM UNLAWFUL SEARCH OF
RESIDENCE
APPENDIX 5-4: MEMORANDUM IN SUPPORT OF MOTION TO
SUPPRESS EVIDENCE FROM UNLAWFUL SEARCH OF
COMPUTER
APPENDIX 5-5: MEMORANDUM IN SUPPORT OF MOTION TO
SUPPRESS EVIDENCE FROM WARRANTLESS SEARCH
APPENDIX 5-6: MEMORANDUM IN SUPPORT OF MOTION TO
SUPPRESS EVIDENCE FROM UNLAWFUL STOP
CHAPTER 6: THE PRIVILEGE AGAINST SELF-INCRIMINATION
6.1 INTRODUCTION
6.101 Historical Development
6.102 Justifications for the Privilege
6.103 The Privilege and Police Interrogation
6.2 PROCEEDINGS IN WHICH THE PRIVILEGE
MAY BE ASSERTED
6.201 In General
6.202 Pretrial Discovery
6.203 Psychiatric Examinations
6.3 WHO MAY ASSERT THE PRIVILEGE
6.4 HOW THE PRIVILEGE IS ASSERTED
6.5 NATURE OF THE PRIVILEGE
6.501 In General
6.502 Compulsion
6.503 Testimonial Communication
6.504 Incrimination
6.505 Governmental Reporting Requirements
6.6 WAIVER
6.7 IMMUNITY
6.8 CONSEQUENCES OF ASSERTING THE PRIVILEGE
6.801 In General
6.802 Impeachment with or Comment upon Individual’s
Silence
6.803 Assertion of the Privilege on Cross-Examination
6.804 Jury Instructions
6.805 Governmental Sanctions
APPENDIX 6-1: MOTION IN LIMINE TO PREVENT
PROSECUTORIAL COMMENT
APPENDIX 6-2: MOTION IN LIMINE TO PREVENT CROSSEXAMINATION
APPENDIX 6-3: MOTION TO QUASH SEARCH WARRANT
7.1 INTRODUCTION
7.2 RIGHTS WARNINGS
7.201 In General
7.202 When Rights Warnings Are Required
7.203 Miranda Warnings Generally
7.204 Giving Miranda Warnings
7.205 Waiver and Affirmative Exercise of Miranda Rights
7.206 Miranda Exclusionary Rule
7.3 RIGHT TO COUNSEL AT INTERROGATIONS
7.4 VOLUNTARINESS DOCTRINE
7.401 In General
7.402 Coercion
7.403 Nature of the Declarant
7.404 Deceit
7.5 LITIGATING ADMISSIBILITY OF ADMISSIONS AND
CONFESSIONS
7.501 In General
7.502 Corroboration
APPENDIX 7-1: MOTION IN LIMINE—INTRODUCE
DEFENDANT’S WHOLE STATEMENT
APPENDIX 7-2: MOTION TO SUPPRESS DEFENDANT’S
STATEMENTS
APPENDIX 7-3: MOTION TO SUPPRESS STATEMENTS—LONG
FORM
CHAPTER 8: EYEWITNESS IDENTIFICATION PROCEDURES
8.1 INTRODUCTION
8.101 Background
8.102 Other Constitutional Concerns
8.2 THE RIGHT TO COUNSEL
8.201 In General
8.202 When the Right Attaches
8.203 Scope of the Right
8.204 Attorney’s Role in Identification Proceedings
8.205 Waiver
8.206 Application of the Exclusionary Rule
8.3 SUGGESTIVE PRETRIAL IDENTIFICATION PROCEDURES
8.301 Background
8.302 The Standard
8.303 Application of the Standard
8.304 Use of Expert Witnesses
8.4 EVOLVING JURISPRUDENCE
8.401 New Jersey “Reliability” Test
8.402 Impact on Virginia
8.403 Representative Cases
APPENDIX 8-1: MOTION FOR NON-SUGGESTIVE
IDENTIFICATION PROCEDURE
APPENDIX 8-2: MOTION TO SUPPRESS UNDULY SUGGESTIVE
IDENTIFICATION
APPENDIX 8-3: MEMORANDUM BASED ON STATE V.
HENDERSON
APPENDIX 8-4: VIRGINIA MODEL JURY INSTRUCTION NO.
2.800— NOTE ON EYEWITNESS IDENTIFICATION
APPENDIX 8-5: VIRGINIA DEPARTMENT OF CRIMINAL
JUSTICE SERVICES: MODEL POLICY ON EYEWITNESS
IDENTIFICATION
CHAPTER 9: PRETRIAL PROCEEDINGS
9.1 INITIAL INVESTIGATION AND CLIENT INTERVIEW
9.101 Value and Purpose of Interview
9.102 Preparation for Interview and Initial Steps
9.103 Conducting the Interview
9.104 Advice to the Client
9.2 DISCOVERY
9.201 Defendant’s Discovery Generally
9.202 Commonwealth’s Duty to Disclose Exculpatory
Evidence
9.3 THE PRELIMINARY HEARING
9.301 In General
9.302 Procedure
9.303 Practice
9.4 THE GRAND JURY
9.401 General Functions
9.402 Regular Grand Juries: Selection and Operation
9.403 Regular Grand Juries: Hearings and Deliberations
9.404 Special Grand Juries
9.405 Representing Clients Before Grand Juries
9.406 Multi-Jurisdiction Grand Juries
9.5 THE CHARGE UPON WHICH THE ACCUSED IS TRIED
9.501 In General
9.502 Form and Content of the Indictment and the
Information
9.503 Joinder of Offenses or Defendants in an Indictment or
Information
9.504 The Formal Charge
9.505 Amendment to the Formal Charge
9.506 Bill of Particulars
9.6 THE ARRAIGNMENT
9.601 Scope
9.602 Procedure
9.7 PLEAS
9.701 Permissible Pleas
9.702 Procedure for Entering Guilty Plea
9.703 Requirement That Plea Be Voluntary and Intelligent
9.704 Consequences of Guilty Plea
9.705 Withdrawal of Plea
9.706 Practice
9.8 PLEA-BARGAINING
9.9 PRETRIAL MOTIONS
9.901 In General
9.902 Categories of Defenses and Objections
9.903 Procedure
9.904 Affidavits and Certificates of Analysis
9.905 Jurisdiction and Venue
9.906 Motions in Limine
9.907 Insanity Defense
9.908 Competency to Stand Trial
9.909 Continuance
APPENDIX 9-1: NOTICE AND MOTION TO CLARIFY
COMMONWEALTH’S DISCOVERY OBLIGATIONS
APPENDIX 9-2: DEFENDANT’S MOTION TO COMPEL
APPENDIX 9-3: MOTION FOR SEPARATE TRIAL AS TO
CHARGES
APPENDIX 9-4: MOTION FOR SEPARATE TRIAL AS TO
CODEFENDANT
APPENDIX 9-5: ORDER GRANTING SEPARATE TRIAL FROM
CODEFENDANT
APPENDIX 9-6: MOTION FOR A BILL OF PARTICULARS
APPENDIX 9-7: MOTION FOR CLOSURE OF PRELIMINARY
HEARING
APPENDIX 9-8: MOTION IN LIMINE TO PRECLUDE TESTIMONY
REGARDING COLLATERAL EVIDENCE
APPENDIX 9-9: MOTION IN LIMINE TO EXCLUDE 911 TAPE
APPENDIX 9-10: MOTION FOR APPOINTMENT OF MENTAL
HEALTH EXPERT
APPENDIX 9-11: MOTION TO DISMISS—NOT A LESSER
INCLUDED OFFENSE
APPENDIX 9-12: MOTION FOR BILL OF PARTICULARS
APPENDIX 9-13: MOTION FOR CONTINUANCE
APPENDIX 9-14: CONTINUANCE ORDER
APPENDIX 9-15: MOTION FOR DISCOVERY AND INSPECTION—
SHORT FORM
APPENDIX 9-16: MOTION FOR DISCOVERY AND INSPECTION—
LONG FORM
APPENDIX 9-17: NOTICE OF MOTION
APPENDIX 9-18: MOTION IN LIMINE TO LIMIT PRESENTATION
OF PHOTOGRAPHS
APPENDIX 9-19: WAIVER OF RIGHTS FORM
APPENDIX 9-20: SUGGESTED QUESTIONS TO BE ASKED WHEN
TAKING PLEAS OF GUILTY OR NOLO CONTENDERE—
MISDEMEANOR PROCEEDINGS IN DISTRICT AND
CIRCUIT COURTS
10.1 STATUTES OF LIMITATIONS
10.2 PUBLIC TRIAL; PRESENCE OF THE ACCUSED;
PHYSICAL RESTRAINTS
10.201 Public Trial.
10.202 Presence of the Accused
10.203 Physical Restraint
10.3 PREJUDICIAL PUBLICITY
10.301 In General
10.302 Judicial Authority to Control or Prevent
Prejudicial Publicity
10.303 Broadcasting of Trials
10.304 Procedure Following Excessive Publicity
10.4 BURDENS OF PROOF AND PRESUMPTIONS
10.401 Background
10.402 Shifting the Burden to the Defendant
10.403 Inferences and Presumptions
10.404 Sentencing
10.5 SPEEDY TRIAL
10.501 In General
10.502 The Constitutional Standard
10.503 The Statutory Standards
10.6 DOUBLE JEOPARDY AND COLLATERAL ESTOPPEL
10.601 In General
10.602 When Jeopardy Attaches
10.603 Mistrials
10.604 Retrial Following Appeal
10.605 The “Same Offense” Concept
10.606 Multiple Punishments for the Same Offense
10.607 Forfeitures and Administrative Sanctions
10.608 Statutory Implementation
10.609 Collateral Estoppel and Res Judicata
10.7 CONFRONTATION AND CROSS-EXAMINATION
10.701 In General
10.702 Hearsay
10.703 Prior Recorded Testimony
10.704 Extrajudicial Statements of a Codefendant
10.705 Adverse Witnesses
10.706 The Right to “Face” One’s Accusers
10.707 Cross-Examination of Prosecution Witnesses
10.8 COMPULSORY PROCESS
10.801 In General
10.802 Witnesses
10.803 Documentary Evidence and Objects
10.9 JUDICIAL OR PROSECUTORIAL MISCONDUCT,
BIAS, OR DISABILITY
10.901 In General
10.902 Judges
10.903 Prosecutors
10.10 EX POST FACTO LAWS
10.11 RETROACTIVITY OF COURT DECISIONS AND STATUTES
10.12 ACCORD AND SATISFACTION
APPENDIX 10-1: AFFIDAVIT AND AGREEMENT BASED UPON
ACCORD AND SATISFACTION
APPENDIX 10-2: MOTION TO DISMISS BASED ON ACCORD
AND SATISFACTION
APPENDIX 10-3: MOTION TO DISMISS—STATUTE OF
LIMITATIONS
APPENDIX 10-4: MOTION TO DISMISS INDICTMENT ON
CONSTITUTIONAL GROUNDS
APPENDIX 10-5: ORDER TO SECURE ATTENDANCE OF
OUT-OF-STATE WITNESSES
APPENDIX 10-6: CERTIFICATE FOR ATTENDANCE OF
OUT-OF-STATE WITNESS
APPENDIX 10-7: PETITION FOR CERTIFICATE FOR OUT-OFSTATE
WITNESS
APPENDIX 10-8: MOTION FOR RECUSAL
11.1 VENUE AND CHANGE OF VENUE
11.101 Venue
11.102 Change of Venue
11.2 JURY SELECTION
11.201 Right to Jury Trial
11.202 Number of Jurors
11.203 Selection and Summons Procedures
11.204 Errors in the Selection Process
11.205 Statutory Qualifications and Exemptions
11.206 Challenge to Jurors
11.207 Jury Selection: Practice
11.3 OPENING STATEMENT
11.301 In General
11.302 Scope and Limits
11.303 Objections
11.304 Practice
11.4 PRESENTING THE EVIDENCE
11.401 Testimony of the Accused
11.402 Witnesses
11.403 Exclusion of Witnesses
11.404 Expert Witnesses
11.405 Motion for Mistrial
11.406 Motion to Strike the Evidence
11.407 Practice: Planning the Defense
11.5 INSTRUCTIONS TO THE JURY
11.501 Procedure
11.502 Purpose and Scope
11.503 Content of Instructions
11.6 ARGUMENT IN SUMMATION
11.601 In General
11.602 Limitations
11.603 Objections
11.604 Practice
11.7 VERDICT AND POST-VERDICT MOTIONS
11.701 Verdict
11.702 Polling the Jury
11.703 Motion to Set Aside the Verdict
11.704 Motion for a New Trial on the Basis of Newly
Discovered Evidence
11.705 Juror Misconduct
11.706 Expungement
APPENDIX 11-1: JUROR QUESTIONNAIRE
APPENDIX 11-2: MOTION IN LIMINE TO HAVE THE
DEFENDANT PRESENTED IN THE COURTROOM
NOT IN HANDCUFFS AND JAIL UNIFORM
APPENDIX 11-3: MOTION IN LIMINE TO LIMIT THE
PRESENCE OF LAW ENFORCEMENT PERSONNEL
IN THE COURTROOM
APPENDIX 11-4: MOTION TO RECONSIDER
APPENDIX 11-5: PETITION FOR EXPUNGEMENT OF
CRIMINAL RECORD
APPENDIX 11-6: ORDER OF EXPUNGEMENT
12.1 AUTHORITY TO SENTENCE
12.101 Jury Trials
12.102 Bench Trials
12.2 SENTENCING LIMITATIONS
12.3 DISCRETIONARY SENTENCING GUIDELINES
12.301 In General
12.302 Departure from Guidelines
12.303 Applicable Version of Guidelines
12.304 Federal Sentencing Guidelines
12.305 Failure to Submit a Sentencing Factor to the Jury
12.306 Post-Release Supervision
12.307 Double Jeopardy Challenge to a Concurrent Sentence
12.4 PRONOUNCEMENT AND ALLOCUTION
12.401 Pronouncement
12.402 Allocution
12.5 PRESENTENCE INVESTIGATION AND REPORT AND
VICTIM IMPACT STATEMENT
12.501 Procedure
12.502 Contents of the Report
12.503 Victim Impact Statement
12.504 Hearsay
12.505 Preparing for the Sentencing Hearing
12.6 PROBATION OR SUSPENSION OF SENTENCE
12.601 In General
12.602 Terms and Conditions
12.603 Revocation
12.604 Deferred Disposition after Entry of Guilty Plea
12.7 INDETERMINATE COMMITMENT
12.701 Authority of Court
12.702 Procedure
12.703 Terms
12.704 Release Procedure
12.8 SPECIAL SENTENCING PROVISIONS
12.801 Concurrent and Consecutive Sentences
12.802 Third Conviction of Act of Violence
12.803 Crimes Involving Sexual Abnormality
12.804 Conviction of a Combination of Felonies and
Misdemeanors
12.805 Use of a Firearm in Commission of Specified Felonies
12.806 Boot Camp Incarceration
12.807 Other Alternative or Additional Sentencing
12.9 CRUEL AND UNUSUAL PUNISHMENT
12.10 JUDGMENT
12.1001 Procedure
12.1002 Finality
APPENDIX 12-1: COLLATERAL CONSEQUENCES OF FELONY
CONVICTIONS
13.1 APPEALS IN CRIMINAL CASES GENERALLY
13.101 General Constitutional and Statutory Framework
13.102 Client’s Decision to Appeal
13.103 Waiver of Right to Appeal by Pleading Guilty
13.104 Appointment of Counsel and Expenses of Appeal
13.105 Retrial Following Appeal
13.106 Fugitive Disentitlement Doctrine
13.2 THE VIRGINIA COURT OF APPEALS
13.201 In General
13.202 Jurisdiction in Criminal Cases
13.3 APPEAL FROM CIRCUIT COURT TO COURT OF APPEALS
13.301 Preliminary Steps
13.302 Filing the Notice of Appeal
13.303 Contents of Notice of Appeal
13.304 Record on Appeal
13.305 Petition for Appeal and Brief in Opposition
13.306 Oral Argument and Disposition of Petition for Appeal
13.307 Procedure for Appeals of Right and Awarded Appeals
13.308 Appendix
13.309 Oral Argument
13.310 Disposition of the Appeal
13.311 The “Right Result for the Wrong Reason” Doctrine
13.312 Certification to Supreme Court
13.4 APPEAL FROM COURT OF APPEALS TO SUPREME
COURT
13.401 Notice of Appeal
13.402 Record on Appeal
13.403 Petition for Appeal
13.404 Brief in Opposition
13.405 Assignments of Cross-Error
13.406 Oral Argument and Disposition of Petition for Appeal
13.407 Procedure After Petition Is Granted
13.408 Briefs and Arguments
13.5 APPEAL FROM DISTRICT COURT TO CIRCUIT COURT
13.501 In General
13.502 Procedure
13.503 Effect on Sentence and Charge in Circuit Court
13.504 Attorney’s Duties to Client
13.6 COMMONWEALTH APPEALS
13.601 In General
13.602 Procedure
13.603 Disposition
13.7 WRIT OF ACTUAL INNOCENCE
13.701 Motion to Circuit Court for Investigation of New
Biological Evidence
13.702 Petition to Supreme Court for Writ of Actual
Innocence (Biological Evidence)
13.703 Action Not Basis for Relief by Habeas Corpus,
Appellate Proceeding, or Action for Damages
(Biological Evidence)
13.704 Petition for Writ Based on Non-biological Evidence
13.705 Bond Pending Hearing
13.8 DELAYED APPEALS
APPENDIX 13-1: NOTICE OF APPEAL FROM TRIAL COURT
(RULE 5A:6)
APPENDIX 13-2: AFFIDAVIT TO WITHDRAW A CRIMINAL
APPEAL
APPENDIX 13-3: BOND FOR COSTS AND SUSPENSION ON
APPEAL
APPENDIX 13-4: ADDITIONAL SECURITY FOR APPEAL
APPENDIX 13-5: DEMAND FOR HEARING BY THREE-JUDGE
PANEL
APPENDIX 13-6: MOTION FOR EXTENSION OF TIME TO FILE
TRANSCRIPTS
APPENDIX 13-7: INSTRUCTIONS AND FORMS FOR A PETITION
FOR A WRIT OF ACTUAL INNOCENCE TO THE SUPREME
COURT OF VIRGINIA
APPENDIX 13-8: PETITION FOR A WRIT OF ACTUAL
INNOCENCE BASED ON NONBIOLOGICAL EVIDENCE—
THE COURT OF APPEALS OF VIRGINIA
TABLE OF AUTHORITIES
INDEX
AUTHORS:
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