Virginia Demand for Notice of Aggravating and for Disclosure of Evidence Supporting Mitigating Circumstances is a legal process that is applicable in the state of Virginia. This demand is typically made by the defendant or their attorney in a criminal case, requesting the prosecutor to provide notice of any aggravating factors they intend to present during sentencing and to disclose any evidence that supports mitigating circumstances. In Virginia, there are two main types of Demand for Notice of Aggravating and for Disclosure of Evidence Supporting Mitigating Circumstances: 1. Pretrial Demand: This demand is made before the trial begins. The defendant or their attorney submits a written request to the prosecutor, asking for notice of any aggravating factors they plan to present at sentencing. Aggravating factors can include evidence of prior convictions, the use of a deadly weapon, or the severity of the offense. Additionally, the demand seeks disclosure of any evidence that supports mitigating circumstances such as evidence of good character, mental health issues, or any other factors that could potentially reduce the severity of the sentence. 2. Post-conviction Demand: This demand is made after the defendant has been convicted in a trial or has entered into a plea agreement. The purpose is to ensure that the defendant is aware of any aggravating factors the prosecutor intends to present during the sentencing phase, and to provide an opportunity for the defendant to gather and present evidence in support of mitigating circumstances. The demand requires the prosecutor to disclose any evidence they plan to use to support aggravating factors and to allow the defendant access to any evidence that supports mitigating circumstances. The Virginia Demand for Notice of Aggravating and for Disclosure of Evidence Supporting Mitigating Circumstances is an important component of the criminal justice system. It ensures transparency and fairness in the sentencing process by enabling the defendant to prepare a strong defense by knowing the evidence against them and having the opportunity to present evidence that could potentially reduce the severity of the sentence.