This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Virginia Motion for a Speedy Trial
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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.
A petition for appeal may be taken by the Commonwealth in a felony case after conviction where the sentence imposed by the circuit court is contrary to mandatory sentencing or restitution terms required by statute.
A hearing shall be held by the court, as provided herein, and the court shall rule on any such motions not later than forty-five days after the date of judgment, not including the date of entry of such judgment.
?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.
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.
Nolle prosequi is a Latin term that means ?will no longer prosecute.? When the prosecutor asks the court to grant a nolle prosequi, they are requesting that the criminal charges be dismissed. They could decide not to prosecute you for these reasons: There is insufficient evidence to prove your guilt.
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.
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.