Keywords: Virginia, Motion to Bar, Use of Certain Aggravating Circumstances. Description: The Virginia Motion to Bar Use of Certain Aggravating Circumstances is a legal procedure that seeks to prevent the prosecution from introducing specific aggravating factors during a criminal case. By filing this motion, the defense challenges the admissibility of certain evidence or circumstances that could potentially enhance the severity of the charges or influence the judge's decision in sentencing. There are several types of Virginia Motions to Bar Use of Certain Aggravating Circumstances, including: 1. Prior Convictions: This motion aims to exclude any previous convictions or criminal records of the defendant from being presented as evidence. The defense argues that bringing up past convictions could unfairly prejudice the jury or unduly influence the court's decision. 2. Victim Character Evidence: This motion seeks to bar the introduction of evidence regarding the character or background of the victim. The defense argues that such information is irrelevant to the charges and may only serve to bias the jury or distract from the main focus of the case. 3. Inflammatory Evidence: This motion aims to prevent the prosecution from presenting evidence that could incite strong emotional or prejudicial reactions from the jury. The defense argues that such evidence may unfairly sway the outcome of the trial and should, therefore, be excluded. 4. Hearsay Testimony: This motion challenges the admissibility of hearsay evidence, which refers to any statement made by a third party that is offered to prove the truth of the matter asserted. The defense argues that hearsay evidence lacks reliability and violates the defendant's right to confront their accusers. 5. Unlawful Searches or Seizures: In cases where evidence has been obtained through questionable search and seizure methods, the defense can file a motion to bar the use of such evidence. This motion argues that the evidence was illegally obtained and should be excluded from the trial. By filing these motions, the defense seeks to protect the defendant's rights, maintain fairness in the trial proceedings, and ensure that the jury bases its decision solely on relevant and admissible evidence. The outcome of these motions can significantly impact the course of a criminal case in Virginia, ultimately influencing the potential penalties faced by the defendant.
Virginia Motion to Bar Use of Certain Aggravating Circumstances
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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.