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372 Cards in this Set
- Front
- Back
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What are three exceptions when a magistrate MAY initiate a juvenile proceeding? |
1. appeal from intake officer 2. judge or intake officer unavailable 3. juvenile was previously convicted as an adult |
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For the appeal from intake officer exception, what two things must you have? |
1. felony or class 1 misdemeanor 2. get denial in writing |
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Within how much time must a juvenile be arraigned? |
72 hours |
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Who is always a family or household member? |
1. spouse/former spouse 2. parents, step-parents 3. children, step-children 4. siblings, half-siblings 5. grandparents and grandchildren 6. any individual who has a living child in common |
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Who is a family or household member only when residing under the same roof? |
1. parents-in-law 2. siblings-in-law 3. Anyone who cohabitates or within law 12 months cohabitates with the person and any minor children residing in the same home |
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When is a domestic assault and battery a felony? |
When the accused has been convicted 2x in last 20 years of domestic assault and battery or worse against a family/household member, on different dates |
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What is the standard for a family abuse protective order? |
Reasonable grounds exist to believe that the respondent has committed "family abuse" and there is "probable danger of family abuse." |
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What is family abuse? |
any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. |
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What may we grant in a family abuse EPO? |
1. no contact 2. exclusive possession of the premises 3. no further acts of abuse 4. the companion animal |
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Who are eligible petitioners for a family abuse EPO? |
1. LEO 2. victim 3. special conservator of the peace 4. loco parentis |
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When does an EPO expire? |
on end of third day following issuance (if court is in session) |
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When may you grant a 3 day extension for an EPO? |
ONLY if LEO asks for it and the victim was physically or mentally unable to get a PPO |
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To what court(s) are family abuse EPOs returnable to? |
ONLY JDR... cannot do cross-arraignments |
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What is the venue for applying for an EPO? |
where abuse occurred, where either party lives, or where earlier PO is in force |
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What are thee two things that can occur due to a violation of a family abuse EPO? |
1. a judge may issue a contempt of court/capias, and/or 2.) a magistrate may issue a warrant for violation of a protective order |
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When may a magistrate issue a warrant for violation for a family abuse protective order? |
1. when they violate the no contact provision 2. when they violate the no further acts of abuse provision 3. when they violate the trespass on prohibited possession 4. when they commit a criminal offense |
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When may you issue a violation of protective order warrant for out of state EPOs? |
The EPO is a PERMANENT order |
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Penalties for a violation of PO |
1. Misdemeanor 2. 2nd offense w/in 5 years - mandatory 60 days 3. 3rd offense w/in 20 years - felony 4. Class 6 felony if there is an A&B against the protected person which results in serious bodily injury |
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What are the required findings for a general protective order? |
1.) Probable danger of further act being committed, or 2.) a petition (juvenile), or 3.) a warrant has been issued for any criminal offense resulting from the commission of an act of violence, force, or threat |
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What may we grant in a general PO? |
1. a prohibition on acts of violence, force, threat, or criminal offenses resulting in injury to person/property 2. prohibiting contact with victim or victim's family/household members 3. such other conditions deemed necessary |
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What court should you make a general PO returnable to? |
always GDC
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What are the penalties for a violation of a general PO? |
Same as for a family abuse PO EXCEPT that you cannot do BOTH the judge issued capias and the magistrate issued warrant |
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What is the two pronged analysis of a reasonable expectation of privacy? |
1. a person has exhibited an actual (subjective) expectation of privacy, and 2. society is prepared to recognize that this expectation is (objectively) reasonable. |
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A search warrant must be used when: |
it is a government action, a search will be conducted (there will be a violation of a reasonable expectation of privacy or a trespassory invasion), and the search will be unreasonable and it is not a defined exception. |
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What type of authority does a magistrate have for search warrants? |
Statewide authority for most search warrants. Regional authority for anticipatory search warrants and GPS search warrants. |
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What four things may search warrants be issued for? |
1. weapons or other objects used in the commission of a crime 2. articles or things the sale or possession of which is unlawful 3. stolen property or the fruits of any crime 4. any object, thing, or person constituting evidence of the commission of a crime |
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You may not issue a search warrant until you have what in hand? |
An affidavit containing a reasonable description of: 1. the thing to be searched 2. the things/persons to be searched for 3. material facts alleging basis for probable cause 4. the offense in relation to which the search is made 5. the thing to be searched for constitutes evidence of such offense |
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What shall a search warrant contain? |
1. affiant's name 2. date/time of issuance 3. offense in relation to which the search is made 4. the place to be searched 5. the property or person to be searched for 6. the fact that the magistrate has found PC to believe that the thing constitutes evidence of a crime or that it shows a person has or is committing a crime |
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To apply for a search warrant for use of a tracking device, warrant must be: |
1. in writing, 2. upon oath/affirmation 3. to magistrate in location where tracking device is to be installed 4. or where there is pc to believe the offense has, is, or will be committed |
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How long does a warrant for tracking device last? |
No more than 30 days |
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When is the language "any other items that are instrumentalities of a crime that may such exist" permitted? |
When it relates to a specific offense |
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What is the two pronged test for probable cause? |
1. that the facts in the affidavit logically indicate the presence of seizable items, and 2. that the facts in the affidavit are reliable |
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Who is inherently reliable? |
LEO, someone making statement against own interest, someone making declarations which are corroborated by LEO, victims |
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For what thing are there no special rules for juveniles? |
Search warrants |
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What are the two requirements for anticipatory search warrants? |
1. if the triggering condition occurs there is a fair probability that contraband or evidence of a crime will be found in a particular place 2. that there is pc to believe the triggering condition will occur |
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How long is a warrant for real-time location data good for? |
No more than 30 days |
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What two things must you find for PC to issue a real time location data warrant? |
crime has been, is being, or will be committed the information obtained over the next 30 days will be evidence of the crime |
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When may you issue a search warrant for all persons? |
When there is PC that everyone at the place is involved in the criminal activity |
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When issuing search warrants, who gets what copy of what? |
ORIGINAL affidavit and copy of search warrant go to circuit court where the search OCCURS a copy of the affidavit and the original search warrant go to the LEO |
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What are the cornerstones on which bail is decided? |
Whether person poses a flight risk/will not show up to court Whether person poses a threat to himself or another |
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Recognizance |
written promise to appear in court and abide by any terms ordered by the judicial officer as a condition of release |
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There is a rebuttable presumption that no conditions will assure person's appearance or safety if D is charged with: |
1. murder, rape, robbery, abduction 2. any felony committed while ON RELEASE for a prior felony 3. third offense of DV assault and battery |
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If judge has made a bail determination or order on the capias, what must the magistrate do? |
Set the bond according to those terms. Can change to make it MORE restrictive if circumstances warrant it. Cannot waive, even with CA's concurrence. |
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When is rebuttal appropriate for bail? |
May not admit to bail anyone charged with an offense giving rise to a presumption UNLESS Commonwealth Attorney concurs. May not waive secured bond presumption without concurrence of BOTH CA and magistrate. |
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What is the secured bond presumption?
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If currently before magistrate for bail hearing after arrest on felony charge, AND: -previously CONVICTED of felony -presently on BOND for unrelated arrest -presently on PROBATION or PAROLE |
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When should you issue a summons v. a warrant? What is the exception? |
Summons should be issued for Class 3 & 4 Misdemeanors Warrants or summons can be issued for Class 1 & 2 Misdemeanors DIP is an exception. May need to issue a warrant and commitment order and release on recognizance if they pose safety hazard. |
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What are four ways to post a secured bond? |
cash personal property real property bail bondsman |
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What must you prove to use personal property for posting bond? |
ownership and value |
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What must you prove (and what are suitable documents) for using real property for posting bond? |
ownership (deed) and value (tax assessment and mortgage statement) |
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For what types of tenancies must you have everyone sign in front of you for posting bond? |
Tenants by the Entirety Joint Tenants |
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For what types of tenancies do you only need one person to sign, assuming their interest is sufficient? |
Tenants in Common |
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What courts advise for each other? |
GDC & JDR advise for each other and for Circuit Court Circuit Courts advise only for other Circuit Court cases |
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For purposes of extradition, you may admit to bond unless what? Can this be waived? |
offense is punishable by death or life imprisonment in the other state CANNOT be waived, even with CA's approval |
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When are extradition warrants returnable? |
On court's next court date |
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For extradition warrants, may they be released on their own recognizance? |
No, requires secured or unsecured bond |
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What things may Magistrates be sanctioned for? |
Violations of the shalls/shall nots/musts/must nots |
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Refrain from partisan political activity... shall or should? Sanctionable? |
Should... not sanctionable |
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Refrain from nonpartisan political activity...sanctionable? |
Should... not sanctionable |
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Take appropriate action when receiving reliable info about another magistrate committing a violation of the canons. |
Should... not sanctionable |
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Appear before the GA on matters related to his employment... sanctionable? |
Should not... not sanctionable |
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What must a magistrate do before appearing before the GA? |
Obtain approval in advance by the supervisor and executive secretary, unless speaking solely as a private citizen on matters of public concern |
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Become a candidate for political office |
Should not... not sanctionable. However, if they become a candidate, they SHALL (sanctionable) resign. |
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Accept/urge family members to accept gifts from anyone...sanctionable? |
Yes, sanctionable. This is a shall not. |
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DUI Elements |
Drive or operate a motor vehicle impaired |
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What are four ways you can be impaired for the DUI elements? |
1. having a BAC of .08 or more as indicated by a chemical test administered pursuant to applied consent 2. while under the influence of alcohol 3. while under influence of any narcotic or drug 4. while under the combined influence of alcohol and drugs impairing ability to drive |
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Must DUI be on a public highway? |
not unless it is a moped |
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What is not a motor vehicle for purposes of the DUI statute? |
not bicycles, segways, or mopeds BUT mopeds still can get you a DUI |
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Are large complexes deemed highways when posted with trespassing and loitering signs? |
Not highways |
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Is a large complex with no solicitation sign a highway? |
Possibly |
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What is the test for whether someone is under the influence of alcohol? |
When a person has consumed enough alcohol to "so affect his manner, disposition, speech, muscular movement, general appearance or behavior, as to be apparent to observation." |
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Is the odor of alcohol enough to establish PC under the test? |
No |
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Enhanced Penalties for DUI |
2nd offense w/in 5 or 10 years - man/min jail 3rd offense w/in 10 years - class 6 felony 4th offense w/in 10 years - man 90 days in jail Once convicted of a felony DUI, all other DUIs are a class 6 felony regardless of their date. Prior DUI conviction or pending DUI charge count. Refusals do not count. Adjudication of delinquency for any of the priors also counts. |
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What is the implied consent law? |
Any person operating a MV on a highway shall be deemed to have consented to have samples of his blood, breath, or both taken for a chemical test if he is arrested for DUI, Baby DUI, DUI Suspended and .02, if within 3 hours of the alleged offense.
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Enhanced Penalties for Implied Consent Law |
1st offense: civil process 2nd conviction w/in 10 years: class 2 misdemeanor and privilege to drive suspended for 3 years 3rd offense w/in 10 years: class 1 misdemeanor and suspension to drive 3 years |
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What are the predicate offenses for DUI Refusal? |
dui involuntary manslaughter dui maiming dui refusal commercial vehicle dui local ordinance substantially similar law of another state |
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Do pending violations count for DUI? DUI refusal? |
DUI - yes DUI Refusal - no |
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Elements of Larceny |
Wrongful or fraudulent Taking of Personal goods of some intrinsic value Belonging to another without his assent and with intention to deprive owner permanently |
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What are three ways to meet the taking element of larceny? |
Larceny from the person Larceny by stealth Larceny by trick |
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What is larceny by stealth? |
When you have intent to steal it permanently and you move it even just slightly |
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What is the single larceny doctrine? |
A series of larcenous acts will constitute a single larceny, provided they are from a single impulse and in execution of the same general fraudulent scheme |
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What does the single larceny doctrine NOT apply to? |
credit cards, obtaining by false pretenses |
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If someone is breaking into something and their intent is unknown, can you charge larceny? |
Yes, if the items in the container are worth $200, you can allege grand larceny |
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When does larceny become a felony? |
On third offense. |
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Do prior convictions and pending charges count for enhanced punishment of larceny? Juvenile adjudications of delinquency? Robbery? |
Only prior convictions count. Does not apply to robbery. |
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What are elements of obtaining by false pretenses? |
intent to defraud actual fraud committed use of false pretenses to commit fraud (past or present) the false pretenses induced the owner to part with his property |
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Obtaining by False Pretenses requires that you obtain what? |
title |
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What is an example of obtaining by false pretenses? |
"I am your long-lost cousin, therefore you should give me your car." (title passes) |
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For obtaining by false pretenses, must the victim be the person to whom the false representation is made? |
no |
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For obtaining by false pretenses, the lie must be to what? |
past or present fact |
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What is the difference between larceny by trick and obtaining by false pretenses? |
Larceny by trick requires only possession and can be a past, present, or future lie. Obtaining by false pretenses requires the passage of title and a past or present lie. |
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Aggregating Embezzlement |
you may charge a large number of small embezzlements within six months as one large grand larceny |
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What things can the Commonwealth charge as larceny and then prove during trial? |
Obtaining by false pretenses and embezzlement |
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Elements of rape |
any person who engages in sexual intercourse with a complaining witness and such act is accomplished: against their will, by threat, force, or intimidation, through use of their mental incapacity or physical helplessness, or with a child under age 13 |
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two part test for mental incapacity for rape purposes |
ability to consent and ability to make a volitional choice did the victim understand the nature and consequences of sexual intercourse |
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Does each act of forcible sexual intercourse constitute a separate rape charge? |
yes |
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forcible sodomy elements |
an accused shall be guilty if he or she engages in: cunnilingus, fellatio, anilingus, or anal or causes a complaining witness to engage in such, and: -the complaining witness is under 13 yoa, -the act is accomplished against his will, -by threat, intimidation, or force, or -through use of mental incapacity or physical helplessness |
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What is the difference between rape, forcible sodomy, and object sexual penetration? |
Just the act itself... sexual intercourse v. the "other nasties" v. penetrating labia majoria or anus |
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Lascivious definition |
a state of mind that is eager for sexual indulgence, desirous of inciting to lust or of inciting sexual desire and appetite |
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Common Law Trespass Elements |
without authority, entering upon the land of another, in such circumstances so as to cause/threaten a breach of the peace |
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breach of the peace |
if something is done repeatedly, it will turn towards violence and become a breach of the peace |
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Elements of 18.2-119 trespass |
if any person without authority of law goes upon or remains upon the lands, buildings, or premises of another, after being forbidden to do so either orally or in writing by the lessee, owner, or agent, or a sign posted at the direction of such person |
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If one enters upon the lands of another under the mistaken belief that it is their own lands, can they be convicted of trespass? |
No, must have an intent (affirmative defense) |
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Tenant v. Gratuitous Occupant |
tenant is person authorized to stay under terms of rental agreement; if tenancy, must abide by vrlta or chapter 13 provisions regarding right to remain |
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Elements of Bad Check |
Intent to defraud (and induce) another Knowledge of time of insufficient funds Must be on a bank, trust company, or other depository |
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Aggregated Punishment for Bad Check |
class 6 felony for issuing 2+ checks in a period of 90 days upon the same account to the same person class 1 misdemeanor if issuing 2+ checks from any bank with aggregate value of $1k within 90 days of each other |
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Bad Check Flowchart |
Is Document drawn on a bank, trust co, etc? Is there PC who the check is from? Was there any inducement (not solely for past debt/gift)? Was an explicit representation made that the check was bad? What was stamped on the check? |
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Prima facie case for bad check |
No account in this name Account closed Prima facie case |
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Prima facie case for bad check if notice sent |
NSF No sufficient funds uncollected funds |
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What type of notice is required for bad check? |
a letter was sent to last known address by certified mail and with return receipt Or If to address printed on check, can be sent registered mail without return receipt Must pay within 5 days |
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Elements of general obstruction charge |
Knowiingly obstructing a judge, magistrate, justice, juror, CA, witness, LEO, or ACO in th eperformance of his duties by: preventing officer from performing task utilizing direct action to impede officer from performing task |
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what type of action is required for a direct action obstruction charge? |
an affirmative action that is not unintentional or passive |
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What other three methods of obstruction are there? |
attempting to intimidate or impede by threats or force while lawfully engaged in duties attempt to intimidate or impede by threats of bodily harm or force relating to a violation of or conspiracy to violate a drug offense, gang-related offense, or violent felony material representation during investigation of another |
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Resisting Arrest (aka fleeing LEO) |
any person who intentionally prevents or attempts to prevent a LEO from lawfully arresting him |
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Elements of Robbery |
taking in a person's presence or from his person by violence, intimidation, putting in fear |
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If two victims, how many robberies? |
Generally two |
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Forgery elements |
Any person who shall obtain, by false pretense or token, the signature of another person, with intent to defraud requires: intent to the prejudice of another's right any writing |
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Uttering |
Putting a forged check into circulation |
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What are the requirements of an adult ECO? |
within Magistrate's jurisdiction mental illness (substance abuse sufficient) substantial likelihood in near future of resulting harm hospitalization or tx is needed no consent given |
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Who can initiate an Adult ECO? |
CSB worker treating physician leo family member any other responsible person on magistrate's own motion |
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Where is an adult ECO returnable to? |
where the respondent resides or where the COA or any part of it arose |
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What are the requirements for a juvenile ECO? |
mental illness because of mental illness, juvenile presents a serious danger to self or others or irremediable injury is likely, or is experiencing a serious deterioration of the ability to care for himself in an age-appropriate way is in need of compulsory tx for illness is reasonably likely to benefit from the proposed tx |
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where is a juvenile ECO returnable to? |
where minor resides or where minor is located when the proceedings are commenced |
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What type of authority do magistrates have for ECOs? |
Unique - only magistrates may issue |
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How do you select LEA for an ECO? |
select the lea where the respondent is currently located unless CSB serves only one jurisdiction, then choose that jurisdiction's LEA Use municipal force if there is one, otherwise use the sheriff |
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What requirements must be fulfilled to use an ATP? |
ATP must be available, willing, and able to transport safely |
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How long may an executed ECO be maintained for? An unexecuted ECO? |
Executed ECO is good for up to 8 hours Unexecuted is void 8 hours after issuance if not executed |
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May ECOs be extended? |
NO |
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How long is an Emergency Custody Order issued by LEO without an ECO good for? May it be extended?
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Good for 8 hours from time custody is initiated. No extensions. |
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What are the requirements for an adult and juvenile TDO? |
Same as for the ECO |
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What is the venue and court for an adult and juvenile TDO? |
Same as for ECO |
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What are the rules for a voluntary committment of a minor? |
If minor under 14, may be admitted to willing MH facility upon application and with consent of parent. If 14 or older, may be admitted to willing MH facility upon joint application and consent of both minor and parent. |
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What type of authority do magistrates have for TDOs? |
unique, only magistrates may issue |
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Under what circumstances does a CSB worker not need to complete an evaluation for a TDO? |
If previously examined within last 72 hours by local CSB, no nee to re-examine If significant physical, psychological, or medical risk to respondent or others is associated with completing the hearing |
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What evidence must the magistrate consider for a TDO? |
information furnished by the CSB worker recommendations made by the treating/examining physician, clinical psychologist, and parent of a juvenile respondent |
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What are the rules for selection of the LEA for a TDO |
50 mile rule. Compare jurisdiction where they currently are and where they currently reside. If more than 50 miles, use LEA of jurisdiction where they are. IF 50 or less, use LEA where they live |
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When may you authorize an ATP for ECO and TDO? |
For ECO, only when passive harm to adult or juvenile. For TDO, only passive harm for adult, passive or active for juvenile. |
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How long does LEO have to execute a TDO order? |
24 hours |
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If a LEO is unable to execute a TDO order within the designated time frame, how long does the petition remain valid for? What does this allow the magistrate to do? |
96 hours from time filed with magistrate. Magistrate may issue a subsequent order in response to the same petition within the 96 hours if the evidence is still sufficient to satisfy the criteria for the TDO |
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May magistrates issue successive TDOs? |
No |
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If a court orders respondent to submit to a comprehensive exam by a psychiatrist or psychologist and respondent refuses, what may the magistrate do? |
Issue a DC4026 capias (for adult respondent only) or issue a new ECO/TDO if requested by a petitioner. |
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What type of authority does a magistrate have for issuing a DC 4026 capias if respondent refuses to be evaluated as required by court order? |
Contingent authority - only when court not available |
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When does the DC4026 capias expire? |
At earliest of when a subsequent TDO is issued or when respondent has been in custody for 8 hours |
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When is a magistrate required to issue a DC4026 capias? |
When respondent was ordered to submit to an exam, Local CSB arranged for the exam, and respondent refused or failed to appear |
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What type of authority does a magistrate have to issue a new ECO/TDO upon request by petitioner when respondent fails to complete court-ordered exam |
unique authority- only magistrate may issue |
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Is an ECO needed for inmates? |
No |
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Who may you issue an inmate TDO for? |
inmates in local jails |
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May magistrates issue on their own motion for an inmate TDO? |
NO, petition required from person having custody
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What findings are required for an inmate TDO? |
inmate has mental illness substantial likelihood that as a result of the illness, inmate will: cause serious physical harm to self or others or suffer serious harm due to lack of capacity to protect himself inmate needs tx in hospital rather than correctional facility |
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For a TDO (adult, juvenile, inmate), are you required to issue upon finding of PC? |
Only for adult/juvenile, not required for inmate TDO. |
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What is a conditionally released acquitee? |
a person acquitted of a crime by reason of insanity and the court has released the person from mental hospitalization |
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What type of authority does magistrate have to issue ECO or TDO for conditionally released acquittee? |
concurrent - with courts |
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Who may initiate ECO for conditionally released acquittee? |
Responsible person or magistrate's own motion |
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What are findings for an ECO for a conditionally released acquittee? |
located within magistrate's region exigent circumstances do not permit court revocation of respondent's release acquitee has either: violated conditions of release or is no longer a proper subject for conditional release and requires inpatient hospitalization |
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What are the findings for a TDO of a conditionally released acquitee? |
located within region has either violated conditions of release or no longer a proper subject for conditional release requires emergency evaluation to assess the need for inpatient hospitalization |
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Is an ATP authorized for a conditionally released acquitee? |
No |
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What type of authority does a magistrate have to issue an ECO for a sexually violent predator? |
concurrent - with courts |
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What may magistrate issue for a SVP? |
ECO only, not a TDO |
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What findings must magistrate make for an ECO for a SVP? |
within region previously been adjudicated a SVP previously been released on conditions violated conditions of release no longer a proper subject for conditional release |
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What special thing does an ECO for a SVP require? |
An evaluation NOT by a CSB worker but instead by DBHDS |
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How long does an ECO on a SVP remain in effect? |
until circuit court reviews the matter |
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What three people/entities must magistrate fax a copy of the petition and the ECO for a SVP to? |
circuit court that originally ordered release of SVP the commissioner of DBHDS the AG |
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Three requirements for a medical ECO? |
Respondent must be a gravely ill or injured adult, respondent must be resistant to emergency care and to transportation to a care facility, respondent must be incapable of making informed decisions |
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Magistrate's authority for medical eco? |
Unique - only magistrates may issue |
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What are the 11 required findings for a medical ECO? |
1. within magisterial region 2. at a location other than hospital ER 3. respondent is adult 4. with injury or illness 5. there is a dire need for testing, observation, and tx and it is necessary to prevent imminent and irreversible harm 6. there is an incapacity to provide informed consent 7. there is a refusal for transport for tx 8. there is an intention to resist transportation 9. it is unlikely that respondent will regain capacity in time 10. other authorized decisions makers are unavailable 11. respondent is conscious |
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when does an executed medical ECO order expire? |
upon earliest of following: when licensed physician determines respondent is capable of making/communicating an informed decision, 4 hours after order is executed, when evaluation is performed and medical TDO issued, or when evaluation is performed and physician determines respondent does not meet the criteria for medical TDO |
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When does an unexecuted medical ECO order expire? |
4 hours after issuance |
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Are successive ECOs permitted? |
no |
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Is a medical ECO required for a medical TDO? |
no |
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what is the magistrate's authority for a medical TDO? |
contingent - only if court unavailable |
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Required findings for a medical TDO |
within magisterial region is an adult has a physical/mental disorder imminence of death, disability, or serious irreversible condition within the next 24 hours attempt to obtain consent respondent is either: unable of making informed decision or incapable of communicating such a decision |
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What two criteria must physician give advice to magistrate on? |
the medical standard of care calls for testing, observation, or tx within 24 hours to prevent death, disability, or serious irreversible harm and as a result of a physical/mental disorder, respondent is incapable of making/communicating a decision re tx |
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what two things does a medical tdo authorize? |
detention by a hospital ER or other appropriate facility and testing, observation, or tx of respondent |
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Who gets service of the medical TDO? |
1 copy to respondent 1+ copy to physician original returned to clerk of issuing court or to magistrate to forward there |
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when does an executed medical TDO expire? |
24 hours after order is executed |
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may a medical tdo be extended? |
yes, but only by a judge or special justice NOT a magistrate |
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are successive medical TDOs authorized? |
no |
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how does a respondent appeal a medical TDO? |
to circuit court, must be filed within ten days |
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Is an ECO needed for an inmate medical TDO? |
no |
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What type of authority does magistrate have for an inmate TDO? |
contingent authority - court must be unavailable |
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Must magistrate issue a medical TDO if all criteria are met? |
only for inmate medical TDOs... not necessary for general medical TDOs |
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what are findings required for an inmate medical TDO? |
within magisterial region serving sentence in state correctional facility has physical/mental condition imminence of death, disability, serious irreversible harm within next 12 hours attempt to obtain consent incapable of obtaining consent |
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What is the time requirement for imminence of death, disability, serious irreversible harm for medical TDOs? |
24 hours for general medical TDOs, 12 hours for inmate medical TDOs |
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When may you issue only for state correctional facility prisoners? When may you issue only for local jail prisoners? |
Local jails - general TDOs only State correctional facilities - medical TDOs only |
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What are the time limits for an executed medical TDO for inmates? |
expires 12 hours after order is executed |
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May an inmate medical TDO be extended? |
yes, but only by court, NOT magistrate |
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What may a magistrate issue if a respondent escapes from the custody of an officer serving a ECO/TDO? |
a capias DC-361 (civil process) which directs arresting officer to deliver respondent to facility where they would have been detained on ECO/TDO |
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What can be issued, and by whom, when someone escapes from hospital after being admitted? |
Director of hospital may issue an arrest warrant |
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Punishment for aiding/abetting escape from hospital |
class 1 misdemeanor |
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punishment for escape of a SVP from a hospital |
class 6 felony (applies when in custody of DBHDS and escapes) |
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For what violations may a magistrate issue a violation of general protective order? |
For any violation of the general protective order |
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For what violations may a magistrate issue a violation of protective order for a family abuse EPO, PPO, or PO? |
For just the three grounds: violation of no contact, violation for no further acts of abuse, violation of no trespassing on property |
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What must you do when the plaintiff asks for a levy or seizure? |
Attach a list of facts |
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What can you never accept for payment of a bond? |
a check |
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Circuit Court jurisdiction |
exclusive over $25k concurrent for $4500.01-$25k |
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General District Court jurisdiction |
concurrent for $4500.01-$25k exclusive up to $4500 |
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when may small claims court be utilized? |
if claim does not exceed $5k |
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What are warrants in debt used for? |
to sue for money |
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What are warrants in detinue? |
a civil action used to recover specific personal property or its value that is unlawfully in possession of defendant or unlawfully withheld from plaintiff |
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unlawful detainer action |
used to evict a tenant and also obtain judgment for unpaid rent |
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tenant's assertion and complaint |
used for heating, wiring, roof, pest, plumbing problems |
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What are the usual time frames for making civil warrants returnable? What are the exceptions? |
not less than 5 days nor more than 60 days after service unlawful detainers are usually earlier tenants assertion and complaint are within 15 days |
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What is the typical bond amount for a seizure? What is the exception? |
Usually twice the amount of the reasonable market value of the items to be seized Attachments are an exception. |
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Magistrate must not permit an attachment on what particular item? |
Vessels in excess of 20 tons |
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Detinue seizure |
when plaintiff is entitled to regain possession of some classes of property before trial to prevent defendant from leaving jurisdiction with property which would then prevent plaintiff from recovering property on judgment |
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attachment |
used to either seize or put liens on property of the defendant that is likely to be gone or destroyed before the plaintiff will be able t get a judgment against the defendant |
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what are the bond requirements for an attachment? |
For JUST a levy (posted by cash or surety bond), must be at least equal to the FMV of the property to be levied upon For a levy AND SEIZURE or levy posted by PROPERTY, bond must be at least twice the estimated FMV of the property to be seized |
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What does an attachment petition ask for? |
levy or levy and seizure |
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If no debt is due and owing, may you still get an attachment? |
Yes, so long as you are not using grounds A-1 |
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Distress petition and warrant |
a remedy a landlord may use if tenant stops paying rent; allows landlord to secure payment of the rent by enforcing the landlord's statutory lien upon personal property brought upon the leased premises |
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What type of property does a distress petition and warrant apply to? |
Only personal property of the defendant that is on the rented premises and any personal property that was previously located on the premises and was removed within 30 days before date of distress warrant |
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To what actions do the general amount in controversy requirements not apply? |
distress petitions and warrants. Magistrates may handles distress warrants over $25k and make them returnable to GDC (also overweight attachments) |
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When may distress petitions and warrants be brought? |
Within 5 years from the time the rent was due |
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Overweight Attachments |
involves a traffic stop with an overweight vehicle and officer does not allow the operator to sign the citation |
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Who has jurisdiction of overweight attachments? |
GDC REGARDLESS of dollar amount |
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What is the bond for an overweight attachment? |
at defendant's option, either: double the value for which the attachment was issued, or double the value of the property attached |
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Summarize requirements for presumption against bail (just two needed to know) |
Presumption against bail if: charged with murder, rape, robbery, or abduction or charged with any felony committed while the person is on release for another felony charge or conviction |
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Summarize secured bond presumption |
Presumption for secured bond if:
currently before magistrate after arrest on felony charge, and: defendant previously convicted of felony, defendant is currently on bond for unrelated arrest, or defendant is currently on probation or parole |
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What are the rules for LEO arrest power outside of jurisdicition? |
3000 years in densely populated areas or 1 mile elsewhere |
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Does an ACO have arrest authority? |
no |
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If a LEO is in close pursuit and crosses jurisdictional lines, where should he bring his prisoner? |
before GDC or Circuit Court judge |
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|
Officer must issue summons unless...? |
offense is a felony accused will disregard summons accused refuses to sign promise to appear |
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For VA DL or Nonresident Violator Compact State, officer must issue summons unless: |
offense is a felony accused refuses to sign promise to appear conviction requires revocation |
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|
When is arrest authorized under the MV Code? |
per GDC order for driving on suspended/revoked DL, for commercial vehicle DUI, for any alcohol |
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For arrest authority under codes other than the MV Code, officer must issue summons for class 1/2 misdemeanor, unless: |
accused refuses to sign promise to appear, fails to discontinue unlawful act likely to disregard summons, likely to harm self or others DUI (unless safe to release accused to 3rd party or is being hospitalized) |
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For non-jailable Class 3/4 misdemeanor NOT under MV Code, must issue summons unless: |
accused refuses to sign promise to appear, fails to discontinue unlawful act, accused detained for public intox, accused detained for remaining at place of riot/unlawful assembly |
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warrantless arrest authority permitted under what circumstances? |
1. reasonable suspicion of felony, 2. offense in officer's presence 3. for misdemeanors, in which: -BUI -DUI/Illegal Consumption under 21 -under warrant issued by other state's jurisdiction -under prior misdemeanor warrant confirmed by radio -if PC for shoplifting, concealment, weapon on school property, a&b, brandishing firearm, destruction of business/commercial property |
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Is there a bail hearing when arrest is made by probation/parole officer? |
No |
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|
When may officer arrest without warrant for Domestic A&B or violation of protective order? When must he? |
May when PC, officer's observation or investigation, or reasonable complaint Must arrest predominant physical aggressor |
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Rules for video hearings |
Must be live two-way radio Electronic signature treated as original |
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When conducting search warrant hearing by two-way radio, where should you file affidavit? |
in Circuit Courts where search conducted AND where magistrate physically located |
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|
Venue Rules -generally -when cross into another jurisdiction |
return to court where offense committed generally return to either jurisdiction if within 300 yard of boundary (1 mile rule does not affect venue) |
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|
Close Pursuit within VA rules |
officer may pursue outside jurisdiction if arrest attempted |
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If in close pursuit and arrested within 1 mile of original jurisdiction or in adjoining county/city, return to magistrate in which jurisdiction? |
Original jurisdiction |
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If in close pursuit and arrested outside 1 mile of original jurisdiction or not in adjoining county/city, return to magistrate in which jurisdiction?
|
where arrested. Magistrate will issue warrant for jurisdiction where offense occurred |
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If arrest is based on warrant/capias and in close pursuit, may return to magistrate... |
in jurisdiction where issued or where arrested |
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If close pursuit from outside VA, must be taken before...? |
GDC or Circuit Court, not magistrate, unless charged with VA offense |
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|
May issue summons instead of warrant if: |
administrative/regulatory violation reason to believe person likely to appear and not danger to self or others person already in custody/confinement and not scheduled for release |
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|
Never issue summons for felony UNLESS? |
to corporation or other legal entity |
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|
Do not issue permitted warrant for class 1/2 misdemeanors if: |
accused likely to FTA accused is danger to self/others accused already arrested without warrant |
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|
If execution as summons permitted, must be executed as summons unless: |
accused fails to sign, accused continues illegal act, officer believes accused likely to disregard officer believes accused is danger to self/others |
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|
Person is subject to extradition if: |
fugitive from justice, escape after conviction, or violation of parole, probation, or bail |
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|
What type of authority does magistrate have for extradition warrant? |
statewide authority |
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|
What must you include as condition on extradition recognizance? |
promise to surrender to Governor's warrant |
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|
Assault elements |
an attempt or offer with force or violence to do bodily harm and the ability to carry it out |
|
|
Battery elements |
an unconsensual intentional touching with intent to do bodily harm resulting in injury or offensive touching |
|
|
Must victim be aware of touch at time it occurs for battery? |
No |
|
|
Do distinct acts result in multiple batteries? |
yes... throwing two cups of coffee is two batteries |
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|
when is a battery increased to a class 6 felony? |
when committed against judge, LEO, correctional officer, firefighter, rescue worker, magistrate, ABC agent, fire marshall engaged in their duties |
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|
Malicious Wounding elements |
intent to maim, disfigure, disable or kill causing bodily injury doing wrongful act intentionally without just cause with ill will |
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|
Strangulation |
any person who, without consent, impedes the blood circulation or respiration of another by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person |
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|
capital murder |
willful, deliberate, and premeditated killing of any person in the commission of certain specified acts |
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|
three ways to commit first degree murder |
premeditated, enumerated means (poison, lying in wait, starving, imprisonment), and certain felonies (arson, rape, abduction, etc) |
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two ways to commit second degree murder |
malicious, not premeditated all other felonies |
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|
voluntary manslaughter |
same elements of 2nd degree murder but in the heat of passion/provoked |
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|
three ways to commit involuntary manslaughter |
commission of misdemeanors criminal negligence reckless disregard |
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|
What is the correct venue for telephone crimes? |
In the city/county from which the call was made, or in the city/county in which the call was received. |
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|
Elements of False Information |
Maliciously advising or informing another over the telephone of the death, accident to, injury of, illness of, or disappearance of a third party (human being) knowing it to be false |
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|
Causing to Ring with Intent to Annoy Elements |
With intent to annoy, causes, permmits, or condones a phone or pager to ring or signal |
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|
Bothering Emergency Personnel Elements |
With intent to annoy, harass, hinder, or delay emergency personnel in their performance of their duties causes or knowingly permits a 911 or related telephone to ring |
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|
Facts for determining intent to annoy |
number of calls time/spacing of calls circumstances surrounding the calls don't ever call me again statements statements of intent by accused content of the call |
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|
Use of Profane, Threatening, Indecent Language over Public Airways |
communicating with the intent to coerce, intimidate, or harass obscene language, or obscene suggestions or proposals, or threats of illegal or immoral acts |
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|
Threats 18.2-60 - subsection A1 |
knowingly communicating in writing a threat to kill or do bodily injury to another regarding that person or his family placing such person in reasonable apprehension of death or bodily injury to himself or family member |
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|
Threats - subsection A2 |
communicating a threat in writing to kill or do bodily harm on the grounds or premises of a school, at a school sponsored event, or on a school bus to any person and the threat would place that person in reasonable apprehension of death or bodily harm |
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|
Threats - subsection B |
orally making a threat to any employee of a school while on a school bus or school property or at a school sponsored activity to kill or do bodily injury to that person |
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|
Production, Publication, Sale, Possession of Obscene Items Elements |
knowingly for purposes of distribution, lending, sale, publish, transport have in possession with intent to do above obscene items |
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|
What is prima facia evidence of production, publication, sale, possession of obscene items? |
If you possess in public or in a public place
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|
Child porn elements |
identifiable minor minor at the time that material was created recognizable as an actual person knowingly takes part or finances knowingly possesses |
|
|
What is the rule regarding child porn in temporary internet cache? |
Must have three or more images to be charged, but each image is a separate charge |
|
|
Revenge Porn Statute |
Can charge/convict someone for posting nude photos of someone else online if they do so with the intent to coerce, harass, intimidate, or maliciously disseminates or sells |
|
|
CCW Elements |
carrying about his person hidden from common observation any weapon designed to propel by explosives, any dirk, bowie knife, switchblade, etc. Any flailing instrument allowing the two parts to swing freely, Any disk Any weapon of like kind |
|
|
Two prong test for determining if weapon of like kind |
it is a weapon? is is substantially similar to the enumerated items? |
|
|
Weapons on School Property elements- subsection A |
if any person possesses any stun weapon, knife, weapon other than a firearm, weapon of like kind upon school property, school bus, or property exclusively used for school functions while taking place, guilty of class 1 misdemeanor |
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|
Weapons on school property elements - subsection B |
if any person possesses any firearm while at a school, at school event, or on school bus guilty of class 6 felony if attempted to use it or displays it in threatening manner, mandatory minimum 5 years |
|
|
Convicted felon with weapon elements |
unlawful for any person who has been convicted of a felony, or any person adjudicated delinquent as an adult 14 yoa or older of murder, kidnapping, robbery or rape, or any person under 29 yoa who was adjudicated delinquent of a crime that would be a felony to knowingly and intentionally possess or transport any firearm, ammo, stun weapon, explosive device |
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|
Weapon while under Protective Order |
any person who is subject to a PO may not purchase or transport any firearm while the PO is in effect |
|
|
Possession of Firearm w/ Schedule I/II Drugs Elements - Subsection A & B |
unlawful for any person unlawfully in possession of schedule I/II controlled substance to simultaneously with knowledge and intent possess any firearm (constructive is sufficient guilty of class 6 felony if on or about person, class 6 felony with mandatory minimum |
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|
Possession of Firearm w/ Schedule I/II Drugs - Subsection C
|
unlawful for any person to use, possess, attempt to use, or display in a threatening manner any firearm while committing or attempting to commit the manufacture, sale, distribution, or possession with intent to do the previous a class I/II substance or more than 1 lb marijuana |
|
|
Driving without Valid DL Elements |
No person shall drive until: applied for the DL passed the exam obtained a DL |
|
|
Driving Revoked/Suspended Catch-All |
Person's license, permit, or privilege to drive has been suspended or revoked Person has been forbidden from driving a MV |
|
|
Do mopeds count for the driving revoked/suspended catch-all statute? |
No |
|
|
What statute does not apply if the driving privileges were restricted due to DUI conviction? |
the driving revoked/suspended catch all - 46.2--301 |
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|
When is driving while restoration of license is contingent upon furnishing proof of financial responsibility used? |
when defendant's license was suspended or revoked and a condition of the reinstatement was that he provided proof of financial responsibility and he has not yet done so |
|
|
Driving While Disqualified |
when defendant operates a commercial vehicle and his CDL has been suspended/revoked, he has been disqualified, or is/should be out of service |
|
|
Hit and Run Elements |
accused is the driver of a vehicle which he knew was involved in an accident,
accident caused harm to another, accused knew or should have known that the harm occurred, the accused failed to stop immediately as close as possible to the scene of the accident *must give name, address, DL#, and Tag to police, injured person, or other competent person *must provide assistance to the injured if needed |
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|
If accused is prevented from making a report of the accident at the scene, he must do what? |
as soon as reasonably possible, make report to the state police or local LEA and make a reasonable effort to locate the person struck or the driver or other occupant of the other vehicle or the custodian to provide the required info |
|
|
What two things are required for an accident? |
physical contact between the driver's vehicle and other vehicle, person, or object, or driver must have been the pc of the accident |
|
|
Felony hit and run if: |
death or injury greater than $1k |
|
|
Misdemeanor hit and run if: |
damage of $1k or less |
|
|
When does one have a duty to report an accident? |
if driver fails to stop and make report, every person 16yoa or older with knowledge of the accident has a duty to report within 24 hours |
|
|
What are the duties of a driver in a property damage accident involving unattended property? |
Driver must make reasonable effort to find the owner/custodian and make the report. If cannot find, must leave a note and make a written report to state police or local LEA within 24 hours |
|
|
What is the Farm Truck exception? |
Permits Habitual Offender to drive a farm tractor when it is being moved from one parcel of land to another and the distance is no more than 5 miles |
|
|
Reckless Driving Elements |
any person who drives a vehicle on any highway recklessly, or at a speed or in a manner so as to endanger the life, limb, property of any person |
|
|
Can you be charged/convicted of both DUI and reckless driving from same set of facts? |
Can be charged, cannot be convicted |
|
|
What things, by themselves, are insufficient for reckless driving convicting. |
Driving erratically for 300 yards, fact that accident occurred, or intoxication |
|
|
What do we have unique authority for? |
General eco and tdos, Inmate tdos, General medical ecos |
|
|
The resisting arrest statute deals with what? |
fleeing from LEO |
|
|
At what age does the possession by firearm by a convicted felon disability automatically disappear (if not charged with the severe crimes.) |
29 |
|
|
Does the possession of firearm on school property crime require intent? |
No, strict liability crime |
|
|
Can a man rape another man? |
Not without intervening 3rd person |
|
|
Each act of forcible sexual intercourse is charged together or separately? |
Separately - each act is a separate rape charge |
|
|
What MH things do magistrates have unique authority for? (only magistrates may issue) |
All general ECOs and TDOs, Inmate TDO, general medical ECO |
|
|
What MH things do magistrates have concurrent authority for? (either magistrate or judge may issue at any time) |
Conditionally Released Acquitee ECO or TDO, Conditionally Released Sexually Violent Predator ECO
|
|
|
What MH things do magistrates have contingent authority for? (magistrate issues ONLY when court unavailable) |
General medical TDO, inmate medical TDO |
|
|
46.2-300 |
Driving without valid DL meaning never had a license or had one but now it is not valid (ie. because of not completing ASAP) |
|
|
46.2-301 |
Driving revoked/suspended (catch-all statute) to punish driving on revoked/suspended license during period of suspension/revocation NOT to be used for DUI |
|
|
46.2-302 |
Driving while Restoration... Driving during period where you have not provided proof of financial responsibility |
|
|
46.2-341.221 |
Driving while Disqualified Commercial Vehicle operator operating while CDL suspended/revoked/disqualified/OOS |
|
|
46.2-391 |
Revocation of License Commissioner of DMV revoked license for 3+ year period At least one of the qualifying offense must be made after July 1,1999 |
|
|
18.2-272 |
Driving in violation of suspension and charged with DUI, over .02, or ignition interlock requirement |
|
|
What is key with HO cases? |
proof of notice |
|
|
What must have occurred to be charged with eluding LEO? |
Must have been driving car at beginning of encounter |
|
|
Elements of CL Burglary |
breaking and entering a dwelling of another at night with intent to commit felony or any larceny therein |
|
|
Are vacation homes dwellings for purposes of CL burglary? |
Yes if used for habitation |
|
|
Can co-tenants or spouses B&E their own home? |
Not if named on deed/lease |
|
|
In CL Burglary, if unlawful entry is made into dwelling, you may presume |
unlawful purpose |
|
|
18.2-90 Entering dwelling house with intent to commit murder... Elements |
Entering in nighttime without breaking or in daytime breaks/enters or enters/conceals with intent to commit murder, rape, robbery, arson |
|
|
18.2-91 |
same elements as 90 except larceny or any felony or a&b |
|
|
18.2-92 |
break and enter a dwelling while occupied at any time of day with intent to commit any misdemeanor (except A&B or trespass) |
|
|
18.2-93 |
Entering banking house armed with deadly weapon at any time of day with intent to commit larceny of money, bonds, notes, or other evidence of debt |
|
|
Construction Fraud Elements |
if any person obtain from another an advance of money, merchandise, or other thing of value, with fraudulent intent upon a promise to perform construction, removal, repair, etc. and fails or refuses to fulfill that promise and fails to return advance within 15 days |
|
|
How is construction fraud punished? |
As larceny, $200 amount rules apply |
|
|
18.2-371 Contributing to Delinquency of Minor elements |
any adult (including parent) willfully contributing to, encouraging, etc. rending a child delinquent, in need of services, supervision, or abused and neglected, or encouraging consensual intercourse or another sex crime upon or by a child 15 or older, not his spouse, child, grandkid |
|
|
18.2-186.3 Identity Theft Elements |
with intent to defraud, obtain, record, or access identifying info for his own or another's use, and obtain money, credit, loans, goods through use of their identification, or use to avoid summons, arrest, etc. or obtain id in other person's name while impersonating official |
|
|
18.2-186.3 Identity Theft punishment - what makes misdemeanor? What makes it a felony? |
Class 1 Misdemeanor generally, Class 6 felony if 5 people in occurrence or VICTIM IS ARRESTED |
|
|
Who do you examine to issue arrest warrant? |
Arresting officer |
|
|
Where is venue generally? |
Where crime is committed |
|
|
Who must always do a written complaint? |
Citizen |
|
|
Why might an officer ask for a charge under 18.2-60B instead of assault? |
Under 18.2-60B, words are sufficient. In an assault, must have more than mere words. |
|
|
Where does jurisdiction lie with telephone statutes? |
in the city/county from which the call was made or in which the call is received |
|
|
Who makes the decision on when a DIP is released? |
The magistrate |
|
|
Guy putting knife under floor mat on passenger's side door... control for DUI purposes? |
Yes |
|
|
Must a motor vehicle be capable of moving for the DUI statute? |
no |
|
|
Must you be operating the mv on a highway for a refusal charge? |
YES |
|
|
Where is venue for a refusal charge? |
Where the underlying dui occurred |
|
|
What is sufficient for a taking for larceny purposes? |
Any slight movement |
|
|
Do you need to know the owner of the property for a larceny case? |
no, just need to know it isn't theirs |
|
|
What must you have at time of false pretense? |
Intent to defraud |
|
|
Removal of property charge does not require what? |
intent to commit larceny NOT needed |
|
|
What three things were sufficient in case law for the direct act obstruction? |
struggling, tucking hands underneath you and refusing to move them, jamming shoe in doorway |
|
|
Cash Criminal Appeal Bonds... If convicted in GDC or JDR and appeal to CC and within ten days, what do you do? If past ten days? |
If within ten days, make check and receipt payable to lower court and make paperwork returnable to circuit court for date scheduled. If after ten days, make everything returnable to circuit court |
|
|
When must you complete an IRS 8300 form? |
when charged with certain drug violations, money laundering, or gambling offenses AND secured bond of OVER $10k AND bond paid in cash |
|
|
What are non-prepayable traffic offenses? |
indictable offenses DUI permitting someone else to drive while under influence RECKLESS DRIVING leaving scene of accident driving while suspended/revoked driving w/o license |
|
|
What are non-prepayable CRIMINAL offenses? |
indictable offenses CLASS 1 & 2 MISDEMEANORS offenses involving moral turpitude offenses involving injury to person offenses punishable by incarceration or fine of MORE THAN $500 offenses committed by juveniles |
|
|
What authority do magistrates have to accept prepayments? |
statewide |
|
|
Can magistrates accept partial pre-payments? |
NO |
|
|
Can magistrates accept pre-payments by mail |
no |
|
|
Juveniles cannot pre-pay for what? |
ANY non-traffic offenses |
|
|
Must a person sign the waiver of the hearing? |
They should, but if they don't, their payment is deemed a waiver |
|
|
There is an additional fee when someone is charged with what? |
hunting, fishing, trapping without a license |
|
|
Must person pay hunting fee if they have already obtained a permit after charge? |
Yes |
|
|
Fixed fee is charged how many times for multiple offenses? |
Once |
|
|
How many times are court fees charged for multiple offenses? |
As many times as there are offenses? |
|
|
Internet crimes against children fee is charged when? |
for ALL MISDEMEANOR charges |
|
|
18.2-250.1 Possession of... |
Possession of Marijuana knowingly or intentionally |
|
|
18.2-248.1 Distribution of... |
Distribution of marijuana |
|
|
Must person know what drug it is for possession charge? |
No, must only know they have possession of drug, need not know type |
|
|
Punishment for manufacturing pot |
up to 1/2 oz. is misdemeanor 1/2 oz. to 5 lbs (and more) felony |
|
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What do you need for manufacturing pot charges? |
planting, cultivating, etc. plus something to show it's not just for personal use |
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With meth, you must distinguish what for charging purposes? |
If pure meth, charge under typical statute. If a mixture and less than 28 grams, charge under typical statute. If a mixture and 28 grams AND MORE, charge under 18.2-248.03... a felony |
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Distributing controlled substance is what type of crime? |
all felonies |
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Who is excluded from being accessory after the fact? |
spouse, parent, grandparent, child, grandchild, sibling, servant |
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principal in 2nd degree and accessory before the fact can be charged with |
the actual offense and any crimes committed that are natural and probable consequences of intended crime |
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to be accessory after the fact, must have knowledge of...? |
felon is guilty notice that felon committed felony at time of accessory's assistance |
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Accessories after the fact are punished with what? |
felony for homicide or misdemeanor for any other felony Also, felony for maliciously burning, aiding, counseling burning of dwelling |
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conspiracy definition |
an agreement between 2+ people to commit an offense by some concerted action |
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Wharton's Rule |
no conspiracy if all parties are necessary to commission of crime (drug distributor and drug supplier?) |
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General conspiracy statute elements un 18.2-22 |
conspiring with another anywhere (1 party must be at VA at SOME TIME) to commit a felony in VA or conspiring with another in VA to commit a felony anywhere |
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what type of crime is conspiracy? |
a felony |
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solicitation elements |
any person who entreats, commands, or attempts to persuade another of a felony |
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Spam definition |
unsolicited commercial electronic mail |
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Who can't commit computer trespass in what circumstances? |
A parent who is copying data of, monitoring usage of, or denying access to a minor child
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For purposes of the secured bond presumption, what does "on bail" mean? |
It means released on a secured or unsecured bond. Being released only on recognizance is insufficient. |
