Virginia Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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FAQ
Upon a properly filed petition, the court will usually issue the ?Rule to Show Cause? commanding the defaulting party to appear at a scheduled court hearing and demonstrate why he or she should not adjudged to be in contempt and then compelled to comply to take or not take certain action.
What are the possible outcomes of a preliminary hearing? Under Virginia Code § 19.2-186, once all of the evidence is heard, the judge has three options: If the judge believes that there is not sufficient cause for charging the accused with the felonies, the judge can dismiss the charges and discharge the accused.
A law enforcement officer visits a person's home after a report of domestic violence and observes weapons in the home and bruises on the alleged victim. This provides probable cause for a search of the home and, if the available evidence creates a reasonable suspicion of a crime, also probable cause for an arrest.
At the probable cause hearing, the judge shall (i) verify the respondent's identity and (ii) determine whether probable cause exists to believe that he is a sexually violent predator. The existence of any prior convictions or charges may be shown with affidavits or documentary evidence. § 37.2-906. Probable cause hearing; procedures - Virginia Law virginia.gov ? vacode ? chapter9 ? section37 virginia.gov ? vacode ? chapter9 ? section37
?Probable cause? is best defined as ?a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a prudent and cautious man to believe that the accused is guilty of the offense with which he is charged.? Sanders v. Palmer, 55 F. 217 (2nd Cir.