Criminal Defense: What Makes Virginia Criminal Law Unique?

Suppose you are getting in trouble with the law in Virginia and are looking for a criminal defense lawyer in Virginia; in that case, Virginia has a unique set of criminal laws. It is one thing to know Virginia’s rules, but it is another to understand how the prosecutor or a jury will interpret Virginia’s laws.

A good criminal defense attorney will be aware of the nuances of Virginia law and able to construct an argument that any potential jury or prosecutor might accept or ignore as they desire. The lawyers at The Irving Law Firm are experienced lawyers who have handled cases in many jurisdictions across America. They can provide you with the professional guidance you need if you are charged with a crime in Virginia.

Distinctive Aspects Of Virginia Criminal Law: Insights For Defense

Virginia Criminal Law 

In many ways, State legislatures have considerable leeway to create legislation, subject to certain checks and balances established by the Constitution. Statutes that are unique to each state. Although federal law is much more consistent, federal courts frequently adopt local rules. It means that Virginia, like every other state, has its distinct character.

The Code of Virginia is updated regularly. However, because the Code of Virginia is updated periodically, you must consult an experienced Virginia criminal defense attorney to ensure you use the most current version.

Virginia’s Court System

Virginia Criminal Law: Navigating Legal Foundations And ApplicationsVirginia’s two-tiered court system is the state’s most distinctive feature. Both the General District Court and the Circuit Court serve as trial courts. 

The initial hearing for a misdemeanor will take place in General District Court. When a court is “not of record,” no stenographer is present. Trials in General District Court are likewise not heard by a jury. Individuals have the right to a “de novo” appeal to the Circuit Court if they are dissatisfied with the outcome of their misdemeanor trial or plea in GDC. 

Since “de novo” means “from scratch,” the decision and findings of the General District Court are null and void and treated as though they had never occurred. One of the parties involved in a Circuit Court case—the defendant, the court, or the prosecution—may request a trial by jury. The Commonwealth of Virginia may truly claim this as a first.

The other distinguishing feature of the General District Court is that it hears criminal cases. No felonies are tried in GDC, and the court cannot accept guilty pleas for felonies. In the event of a felony charge, whether a plea bargain is reached or a trial is held, the proceedings must take place in Circuit Court.

As a state with a long history, Virginia’s criminal law has evolved, case by case, over three centuries.

Local courts in Virginia have also developed unique standards for admissible evidence. Many of Virginia’s standards of evidence are still defined by previous court rulings on identical situations, despite recent attempts by legislators to codify the rules into a single document.

Trial In Virginia

The “bifurcated trial” system is another distinctive feature of Virginia law. It means that Virginia is one of only two states that divides a trial into guilt and sentencing phases. 

The jury deliberating the defendant’s guilt or innocence will not be allowed to hear evidence from the defendant’s prior criminal history (except for certain offenses that require a showing of prior convictions). If the offender is found guilty, the court will schedule a new sentencing hearing, after which the jury will again deliberate and make a recommendation.

At this second sentencing hearing, the offender may present mitigating evidence or proof of prior convictions. A judge need not follow the jury’s sentencing recommendation but cannot go further in severity. The Commonwealth of Virginia may claim this as a first.

You must consult with a Virginia criminal defense attorney if you ever find yourself in a similar situation, as you must obtain legal counsel as quickly as possible. A lack of knowledge regarding the pertinent law in this area could cost you dearly, whether it be jail time or the forfeiture of your property.

Summary 

Virginia’s criminal law system is unique in several ways. For one, the Virginia Constitution gives the state’s legislature the power to pass criminal laws. It means that Virginia’s criminal laws differ from other states’ laws. 

Virginia has several different types of courts that hear criminal cases, including the General District Court, the Circuit Court, and the Court of Appeals.

The state has its own set of rules and procedures that prosecutors and defense lawyers must follow. In the event of a criminal accusation in Virginia, it is essential to seek the help of a qualified criminal defense lawyer at The Irving Law Firm who understands the state’s laws.

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