Virginia Criminal Practice Forms

Publication Date:	2021
Electronic Forms:	126
Available Formats:	Ebook in pdf format, with embedded Microsoft Word forms. It is available for immediate download or on USB Flash Drive or CD-ROM. A single-volume print version is also included with all orders.
	Online Publications Library: Access our full library of books online with universal search, links to primary law, and editable practice forms.
Product #:	800

Information
Table of Contents
Authors
Prices

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 Commitment of Sexually Violent Predators

“The criminal practice forms in this compilation have been authored by experienced practicing attorneys or are based on forms in Virginia’s rules of court. While no book of practice forms can anticipate every situation 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 (2020), Defense of Serious Traffic Cases in Virginia (2020), Juvenile Law and Practice in Virginia (2018), and Trial of Capital Murder Cases in Virginia (2017).

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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

CHAPTER LIST

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