by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Examination. After the prospective jurors are sworn on the voir dire, the court must question them individually or collectively to determine whether anyone: (1) Is related by blood, adoption, or marriage to the accused or to a person against whom the alleged...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Right to Jury; Duty of Court in Nonjury Trial. The accused is entitled to a trial by jury only in a circuit court on a plea of not guilty.(b)Waiver of Jury in Circuit Court. If an accused who has pleaded not guilty in a circuit court consents to trial without a...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)For Attendance of Witnesses. – (1) A subpoena for the attendance of a witness to testify before a court not of record may be issued by the judge, clerk, magistrate, attorney for the Commonwealth or by the attorney for the accused. (2) A subpoena for the...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)General Provisions. – (1) This Rule applies to any prosecution for a felony in a circuit court and to any misdemeanor brought on direct indictment.(2) The constitutional and statutory duties of the Commonwealth’s attorney to provide exculpatory and/or...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)More Than One Accused – Joinder of Defendants. – On motion of the Commonwealth, for good cause shown, the court should order persons charged with participating in contemporaneous and related acts or occurrences or in a series of acts or occurrences...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Pleadings and Motions. Pleadings in a criminal proceeding are the indictment, information, warrant or summons on which the accused is to be tried and the plea of not guilty, guilty or nolo contendere. Defenses and objections made before trial that heretofore could...
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