Virginia Criminal Practice Forms

Virginia Criminal Practice Forms
Publication Date: 2018
Electronic Forms: 129
Available Formats: Download, USB Flash Drive or CD-ROM with embedded Microsoft Word forms. A print compilation of all forms is included.
Product #: 800

Information

  • Attorney-Client Relationship
  • Arrest
  • Arraignment and Bail
  • Indictments
  • Motions to Dismiss
  • Bills of Particulars
  • Motions to Suppress or Limit Evidence
  • Identification Procedures
  • Discovery
  • Experts
  • Preliminary Hearings
  • Continuances
  • Subpoenas, Notices, and Other Process
  • Pleas
  • Juries
  • Recusals
  • Separate Trials
  • Sentencing
  • Motions to Reconsider
  • Expungement of Criminal Records
  • Appeals
  • Writs of Actual Innocence
  • DUI and Other Serious Traffic Offenses
  • Juvenile Proceedings
  • Capital Murder Cases
  • Civil Committment of Sexually Violent Predators (new to 2018 Edition)

“The forms in this compilation have been authored by experienced practicing attorneys or are based on forms in Virginia’s rules of court. While no compilation of forms can anticipate every nuance encountered in representing a client in a particular case, these forms combine legal requirements with actual experience to provide attorneys with examples of many of the pleadings and other documents needed in a criminal practice.” - Peter Roane, Virginia CLE Editor in Chief

With the full range of Virginia CLE's battle-tested criminal practice forms, you will have at your fingertips the tools to address legal matters ranging from commonplace to unique. Start the process of building the right motion, proposed order, discovery demand, or just about anything the experienced or novice criminal law practitioner might need a form to achieve.

Sample

To make it easy to find the form you need, our team of attorneys have organized the forms to trace the life of representation. Plus, the forms are keyword searchable. You can view the full text of a form by clicking on its title, or you may also browse the accompanying print reference book. To tailor a form to your specific matter, simply click on the embedded Microsoft Word file.

The forms have been drawn from the following Virginia CLE publications: Defending Criminal Cases in Virginia (2018), Defense of Serious Traffic Cases in Virginia (2016), Juvenile Law and Practice in Virginia (2018), and Trial of Capital Murder Cases in Virginia (2017).


You may also be interested in:


Virginia Civil Practice Forms

Defending Criminal Cases in Virginia

Defense of Serious Traffic Cases in Virginia

Trial of Capital Murder Cases in Virginia

A Guide to the Rules of Evidence in Virginia

Objections: Interrogatories, Depositions, and Trial

 

Table of Contents

CHAPTER LIST

1. Attorney-Client Relationship

2. Arrest

3. Arraignment and Bail

4. Indictments

5. Motions to Dismiss

6. Bills of Particulars

7. Motions to Suppress or Limit Evidence

8. Identification Procedures

9. Discovery

10. Experts

11. Preliminary Hearings

12. Continuances

13. Subpoenas, Notices, and Other Process

14. Pleas

15. Juries

16. Recusals

17. Separate Trials

18. Sentencing

19. Motions to Reconsider

20. Expungement of Criminal Records

21. Appeals

22. Writs of Actual Innocence

23. DUI and Other Serious Traffic Offenses

24. Juvenile Proceedings

25. Capital Murder Cases

26. Civil Commitment of Sexually Violent Predators

FORM LIST

CHAPTER 1: ATTORNEY-CLIENT RELATIONSHIP

1.1 Initial Client Interview Checklist

1.2 Fee Agreement Letter

1.3 Memorandum of Advice to Client

1.4 Release of Information Form

1.5 Codefendants’ Conflict Waiver

1.6 Cooperative Defense Agreement

1.7 Motion to Withdraw as Counsel

1.8 Order Permitting Withdrawal as Counsel

CHAPTER 2: ARREST

2.1 Statement of Witness for Arrest Warrant


CHAPTER 3: ARRAIGNMENT AND BAIL

3.1 Questionnaire for Bail Information

3.2 Motion to Set/Reduce Bond

3.3 Motion for Bond After Bail Initially Denied

3.4 Motion to Amend Bond

3.5 Order Amending Recognizance Bond

3.6 Appeal of Bond Determination


CHAPTER 4: INDICTMENTS

4.1 Motion to Dismiss Indictment


CHAPTER 5: MOTIONS TO DISMISS

5.1 Affidavit and Agreement Based Upon Accord and Satisfaction

5.2 Motion to Dismiss Based on Accord and Satisfaction

5.3 Motion to Dismiss—Statute of Limitations

5.4 Motion to Dismiss—Not a Lesser Included Offense

5.5 Motion to Dismiss Indictment on Constitutional Grounds


CHAPTER 6: BILLS OF PARTICULARS

6.1 Motion for a Bill of Particulars Pursuant to Section 19.2-230

6.2 Motion for Bill of Particulars Pursuant to Section 19.2-266.2


CHAPTER 7: MOTIONS TO SUPPRESS OR LIMIT EVIDENCE

7.1 Motion to Suppress; Motion in Limine

7.2 Notice and Motion to Suppress

7.3 Motion to Suppress Unlawful Pat-Down Evidence

7.4 Motion to Suppress—Unlawful Search of Residence

7.5 Memorandum in Support of Motion to Suppress Evidence From Unlawful Search of Residence

7.6 Memorandum in Support of Motion to Suppress Evidence From Unlawful Search of Computer

7.7 Memorandum in Support of Motion to Suppress Evidence From Warrantless Search

7.8 Memorandum in Support of Motion to Suppress Evidence From Unlawful Stop

7.9 Motion in Limine to Prevent Prosecutorial Comment

7.10 Motion in Limine to Prevent Cross-Examination

7.11 Motion to Quash Search Warrant

7.12 Motion in Limine—Introduce Defendant’s Whole Statement

7.13 Motion to Suppress Defendant’s Statements

7.14 Motion to Suppress Statements—Long Form

7.15 Motion in Limine to Preclude Testimony Regarding Collateral Evidence

7.16 Motion in Limine to Exclude 911 Tape

7.17 Motion in Limine to Limit Presentation of Photographs

7.18 Motion to Suppress Statement and Any Evidence Recovered as a Result of Statement by Juvenile Defendant


CHAPTER 8: IDENTIFICATION PROCEDURES

8.1 Motion for Non-Suggestive Identification Procedure

8.2 Motion to Suppress Unduly Suggestive Identification

8.3 Memorandum Based on New Jersey v. Henderson


CHAPTER 9: DISCOVERY

9.1 Motion for Discovery and Inspection—Short Form

9.2 Motion for Discovery and Inspection—Long Form

9.3 Notice and Motion to Clarify Commonwealth’s Discovery Obligations

9.4 Defendant’s Motion to Compel


CHAPTER 10: EXPERTS

10.1 Motion for Appointment of Experts

10.2 Memorandum in Support of Motion for Appointment of Experts

10.3 Motion for Appointment of Mental Health Expert


CHAPTER 11: PRELIMINARY HEARINGS


11.1 Motion for Closure of Preliminary Hearing


CHAPTER 12: CONTINUANCES

12.1 Motion for Continuance

12.2 Continuance Order


CHAPTER 13: SUBPOENAS, NOTICES, AND OTHER PROCESS

13.1 Subpoena (Rule 3A:12(a))

13.2 Subpoena Duces Tecum (Rule 3A:12(b))

13.3 Petition for Certificate for Out-of-State Witness

13.4 Certificate for Attendance of Out-of-State Witness

13.5 Order to Secure Attendance of Out-of-State Witnesses


CHAPTER 14: PLEAS

14.1 Defendants Pleading Guilty/No Contest-Waiver of Rights Form

14.2 Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Not Guilty (Rule 3A:8)

14.3 Misdemeanor Proceedings in District and Circuit Courts (Rule 3A:8(b)(2); Rule 7C:6; and Rule 8:18)


CHAPTER 15: JURIES

15.1 Juror Questionnaire

15.2 Motion for Individual and Sequestered Voir Dire


CHAPTER 16: RECUSALS

16.1 Motion for Recusal


CHAPTER 17: SEPARATE TRIALS

17.1 Motion for Separate Trial as to Charges

17.2 Motion for Separate Trial as to Codefendant

17.3 Order Granting Separate Trial from Codefendant


CHAPTER 18: SENTENCING


18.1 Contents of Sentencing Orders


CHAPTER 19: MOTIONS TO RECONSIDER

19.1 Motion to Reconsider


CHAPTER 20: EXPUNGEMENT OF CRIMINAL RECORDS

20.1 Petition of Expungement of Criminal Record

20.2 Order of Expungement


CHAPTER 21: APPEALS

21.1 Notice of Appeal from Trial Court (Rule 5A:6)

21.2 Bond for Costs and Suspension on Appeal

21.3 Affidavit to Withdraw a Criminal Appeal


CHAPTER 22: WRITS OF ACTUAL INNOCENCE

22.1 Petition to the Supreme Court of Virginia for a Writ of Actual Innocence

22.2 Petition to the Court of Appeals of Virginia for a Writ of Actual Innocence Based on Nonbiological Evidence


CHAPTER 23: DUI AND OTHER SERIOUS TRAFFIC OFFENSES

23.1 Client Intake and Interview Forms

23.2 Sample Letter Transmitting Fee Agreement

23.3 Sample Fee Agreement Form

23.4 Motion to Suppress Evidence and Memorandum in Support

23.5 Memorandum in Support of Motion to Suppress

23.6 Notice and Motion for Discovery

23.7 Order for Discovery

23.8 Defendant’s Motion to Compel Discovery

23.9 Motion for Bill of Particulars (General District Court)

23.10 Motion for Bill of Particulars (Circuit Court)

23.11 Objection to Introduction of Certificate of Analysis

23.12 Sample Letter to Department of Forensic Science

23.13 Sample Closing Letter (Long Form)

23.14 Sample Closing Letter (Short Form)


CHAPTER 24: JUVENILE PROCEEDINGS

24.1 Letter to Client’s Parent or Parents When Client Is Detained

24.2 Letter to Client’s Parent or Parents When Client Is Free

24.3 Initial Client Interview Form

24.4 Initial Parent Interview Form

24.5 Medical Records Release

24.6 Request and Authorization for Educational Records

24.7 Sample Transfer/Social History Report

24.8 Sample Evaluation Summary

24.9 Example of Psychological Evaluation

24.10 Sample Substance Abuse Evaluation

24.11 Petition Pursuant to § 16.1-285.1(F)

24.12 Serious Offender Progress Report


CHAPTER 25: CAPITAL MURDER CASES

25.1 Motion for Change of Venue

25.2 Memorandum in Support of Motion for Change of Venue

25.3 Motion for a Bill of Particulars

25.4 Memorandum in Support of Motion for a Bill of Particulars

25.5 Motion for Discovery and Inspection

25.6 Memorandum in Support of Discovery Motion

25.7 Motion for Appointment of Expert Investigator

25.8 Memorandum in Support of Motion for Appointment of an Expert Investigator

25.9 Motion for Appointment of an Expert on Conditions of Incarceration and/or to Proffer
Evidence on Conditions of Incarceration

25.10 Memorandum in Support of Motion for Appointment of an Expert on Conditions of Incarceration

25.11 Memorandum of Law Regarding Defendant’s Right to Make Ex Parte Applications

25.12 Motion for Individual and Sequestered Voir Dire

25.13 Memorandum in Support of Motion for Individual and Sequestered Voir Dire

25.14 Motion for Additional Peremptory Challenges

25.15 Memorandum in Support of Motion for Additional Peremptory Challenges

25.16 Motion to Dismiss Jury and Re-Impanel Venire

25.17 Motion in Limine to Have the Defendant Presented in the Courtroom Not in Handcuffs and Jail Uniform

25.18 Motion in Limine to Limit the Presence of Law Enforcement Personnel in the Courtroom

25.19 Motion to Enjoin Law Enforcement Officers from Wearing Uniforms in Courtroom While Sitting as Spectators, or Grant Other Appropriate Relief

25.20 Memorandum of Law in Support of Motion to Enjoin Law Enforcement Officers from Wearing Uniforms in the Courtroom as Spectators

25.21 Motion to Declare the Virginia Capital Murder and Death Penalty Statutes Unconstitutional

25.22 Memorandum in Support of Defendant’s Motions to Declare the Virginia Capital Murder and Death Penalty Statutes Unconstitutional and to Prohibit the Imposition of the Death Penalty


CHAPTER 26: CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS

26.1 Respondent’s First Interrogatories and Request for Productions of Documents

26.2 Petitioner’s Response to Discovery Order

26.3 Discovery Order

26.4 Sexually Violent Predator Evaluation

 

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