Goochland County, VA Criminal Lawyers, page 4

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David Marshall Branch

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Russell Ray Johnson

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Edward Everett Berling

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Joseph R. Mckee

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Keith Hamner Waldrop

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Sara Redding Wilson

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James Linwood Sanderlin

Real Estate, Wrongful Death, Personal Injury, Medical Malpractice
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Nancy Ann Godfrey Rogers

General Practice
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Eva S. Tashjian-Brown

Personal Injury, Health Care Other
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James Barbour Olmsted

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LEGAL TERMS

PLEA BARGAIN

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crim... (more...)
A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

CRIMINAL INSANITY

A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right... (more...)
A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.

PROSECUTOR

A lawyer who works for the local, state or federal government to bring and litigate criminal cases.

CONVICTION

A finding by a judge or jury that the defendant is guilty of a crime.

IMPEACH

(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he h... (more...)
(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he has made statements that are inconsistent with his present testimony, or that he has a reputation for not being a truthful person. (2) The process of charging a public official, such as the President or a federal judge, with a crime or misconduct and removing the official from office.

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)
The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

GRAND JURY

In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the f... (more...)
In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the first step, after arrest, in any formal prosecution of a felony.

BAILIFF

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to mai... (more...)
A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to maintain order in the courtroom. In addition, bailiffs often help court proceedings go smoothly by shepherding witnesses in and out of the courtroom and handing evidence to witnesses as they testify. In criminal cases, the bailiff may have temporary charge of any defendant who is in custody during court proceedings.

MISTRIAL

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.

SAMPLE LEGAL CASES

Magruder v. Com.

... Because the procedure provided in Code § 19.2-187.1 adequately protects a criminal defendant's rights under the Confrontation Clause and because the defendants in these appeals failed to utilize that procedure, we conclude that they waived the challenges under the ...

McCain v. Com.

... 335, 340, 288 SE2d 475, 478 (1982). Under well-settled principles of law, police officers may stop a person for the purpose of investigating possible criminal behavior even though no probable cause exists for an arrest. Terry, 392 US at 22, 88 S.Ct. 1868. ...

McMorris v. Com.

... This was all contemporaneous. Therefore[,] the robbery statute applies." In refusing McMorris' petition for appeal, the Court of Appeals concluded that the evidence established that McMorris shared the criminal intent of those who did steal Ottey's telephone and other items. ...