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...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Pleas by a Corporation. A corporation, acting by counsel or through an agent, may enter the same pleas as an individual.(b)Determining Voluntariness of Pleas of Guilty or Nolo Contendere.(1) A circuit court may not accept a plea of guilty or nolo contendere to a...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Form.(1) Capias. The form of the capias must be the same as that provided for a warrant except that it must be signed by the clerk and must state that an indictment or information has been filed against the accused.(2) Summons. The summons must be in the same form...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Contents. The indictment or information, in describing the offense charged, must cite the statute or ordinance that defines the offense or, if there is no defining statute or ordinance, prescribes the punishment for the offense. Error in the citation of the statute...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Who May Be Present. Only the grand jurors and the witness under examination and, if directed by the court, an interpreter may be present during the hearing of evidence by a grand jury. Only the grand jurors may be present during their deliberations and...
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