2022 Criminal Law Mental Health Update

MCLE Credits: 2.0
Ethics Credits Included: 1.0

Friday, January 21, 11:00 a.m. - 1:00 p.m. ET
  • Live Webcast
  • Live Telephone
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
Wednesday, March 9, 11:00 a.m. - 1:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
Wednesday, July 20, 11:00 a.m. - 1:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 2.0 (Ethics: 1.0)
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
VIDC Re-Certification Credit: 2.0 Either Misdemeanor/Felony or Mental Health
(VIDC Information)
Designation Credit: 2.0 Trial Practice/Litigation; 1.0 Ethics
(Designations Information)
Registration Fees: Webcast: $159
Telephone: $179


Why Attend?

  • Hear about the new changes to the mental health statutes effective July 2021
  • Find out how to apply the changes in a mental health motions and trial practice
  • Learn when to apply:
    • (1) Virginia Code Section 19.2-303.6, referencing a deferred disposition in criminal cases for persons with autism or intellectual disability;
    • (2) an insanity defense pursuant to Virginia Code Section 19.2-169.5 et. seq.;
    • (3) a trial strategy utilizing evidence of a defendant's mental condition at the time of the offense under Virginia Code Section 19.2-271.6

The Virginia Code has changed to provide the legal practitioner multiple tools in crafting a mental health defense: insanity, deferred finding, mental state without insanity arguments. Can more than one defense be utilized? How do you decide? Insanity is an affirmative defense. Can you utilize insanity and a non-insanity specific intent defense? When would you? When would a deferred disposition be preferable? What do you need to convince a judge of each? Experts are only now being trained in a specific intent evaluation versus insanity procedure. What are the differences? What should you be looking for?

What are the rules now concerning unrestoreability? What are the current options when you can't restore your client? How can repetitive incarceration and hospitalization be avoided for the mentally ill defendant who repeatedly cycles through the system? Learn what you need to know about current state hospital bed shortages and how they affect the mental defense landscape.

This seminar will provide a practical guide for the lawyer attempting to figure out how to defend a mentally ill client from a competency determination through a trial strategy using the new code provisions. The speakers will cover 1 hour of ethics content throughout the seminar as it relates to insanity, deferred compensation for the autistic and intellectually disabled, and specific intent trial strategy interplay in a practitioner's determination of an appropriate mental health defense. Learn when and how to apply each through both a fact- and an ethics-based analysis. Rules of Professional Conduct 1.1 (Competence), 1.2 (Scope of Representation), 1.6 (Confidentiality of Information), and 1.14 (Client with Impairment) form the foundation for any fact-based analysis and determination of a mental health defense strategy. 

Discounts available for Virginia CLE webcast-telephone-live seminars Follow link to learn about the Virginia CLE Online Bundle with savings up to 45% Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about discount for New Virginia Lawyers (first 3 years) Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.


COURSE SCHEDULE (July 20) (Eastern Time)

11:00 2022 Criminal Law Mental Health Update
1:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.



D. Bradley Marshall, Vanderpool, Frostick & Nishanian, PC / Manassas
Bradley Marshall is an attorney at Vanderpool, Frostick & Nishanian, PC, in Manassas, where he leads the firm’s white collar and criminal defense section, is co-lead for their investigations section, and practices in the municipal law and civil litigation sections. Prior to that, he served as an Assistant Commonwealth’s Attorney in Prince William County for over a decade, where he specialized in prosecuting criminal street gang cases, violent crimes, firearms offenses, and mental health–related cases.

Mr. Marshall serves on the Prince William County Community Services Board, which oversees mental health and behavioral health services for over half a million residents. He is in his third term as President of the Prince William County Bar Foundation, is the Chairman of the Community Criminal Justice Board, which oversees pretrial release and misdemeanor probation services, and is past-President of the Prince William County Bar Association. He also serves as Chair of the Virginia State Bar Special Committee on Bench-Bar Relations and the State Bar’s renowned Carrico Professionalism Course Faculty. He is on the legal faculty at the PWC Public Safety Academy, has lectured at Northern Virginia Community College as well as George Mason University, and regularly teaches continuing legal education courses on topics such as Constitutional Law, Mental Health Ethics, Specialty Dockets, Immigration Law, and Criminal Street Gang Laws. He is heavily involved in criminal justice reform at the local and state level, serving on the Evidence-Based Decision Making Policy Committee, as a member of the local DIVERT Committee on the mentally ill in the criminal justice system, and helped establish and implement Prince William County's Mental Health and Veterans Treatment Dockets.

Mr. Marshall received his undergraduate degree from the University of Virginia and his juris doctorate degree from Michigan State University. He is a 2013 graduate of Leadership Prince William, received the Potomac Local “Forty under 40” Award in 2014, the County Executive Award for 2015, was in the inaugural class of Virginia Lawyers Weekly’s “Up & Coming Lawyers” in 2016, and received the 2017 Prince William County Bar Association Pro Bono Attorney of the Year Award.

Annette Miller, Virginia Beach Public Defender’s Office / Virginia Beach
Annette Miller is a Senior Trial Attorney with the City of Virginia Beach. She has been a public defender from 1995 to the present and specializes in those individuals who suffer from serious mental illnesses. Her undergraduate degree is from Virginia Tech, with a double major in English and Political Science (1979-83). She has a master’s degree in English from Syracuse University and taught English at Syracuse while completing her degree requirements (1983-1985). Her law degree is from the University of Richmond (1988). She was the first law clerk for the Virginia Beach Circuit Court judges (1989-91).

Ms. Miller worked for Parker Pollard & Brown from 1991-1995, specializing in workers’ compensation and personal injury. She was awarded a Virginia Beach Human Rights Award for mental health education and advocacy in 2000. She was published in the American Bar Association’s Criminal Litigation magazine, Winter 2010, Volume 10, Number 2. The article is entitled “The Post-Adjudication ‘Not Guilty by Reason of Insanity’ Process in the State of Virginia.”

Ms. Miller has lectured extensively in the field including, but not limited to, a Virginia State Bar CLE–approved seminar for her office entitled "Handling Criminal Cases and the Mentally Ill, A Guide for Attorneys, Clients and Their Families," the Virginia State Bar's 42nd Annual Criminal Law Seminar; 2008 Regional Judge's Conference; 2012 Virginia Beach Bar Association's Seminar entitled "Representing a Client with Mental Health Issues"; the Indigent Defense Commission's Late Day Lecture Series on Mental Health Ethics (2016);Virginia CLE® Mental Health Ethics 101 in the Criminal Justice System (2017); VA CLE Ethical Representation of Mentally Ill Defendants in Criminal Cases (2021). Ms. Miller continues to lecture during the pandemic exclusively by zoom (a juvenile court CLE and a guardianship conference); VACDL's Fall 2021 (Live) lecture on mental health ethics in the "Surf's Up: New Tools and Techniques for Riding the Wave of Criminal Justice Reform" seminar.

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