SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2002 SESSION

  • | print version

HB 292 Criminal cases; authority to defer and dismiss.

Introduced by: Robert F. McDonnell | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Authority to defer and dismiss. Provides that before a judgment of guilt in a misdemeanor or felony prosecution, a judge may defer further proceedings and impose probation upon such terms and conditions upon the defendant as the court deems proper in the case, provided that in any case involving (i) a felony or a misdemeanor in which the Commonwealth is represented and both the attorney for the Commonwealth and the defendant consent, (ii) any other misdemeanor, when the punishment does not include a mandatory, minimum term of incarceration, the defendant has no prior criminal record and the defendant consents or (iii) any traffic infraction and the defendant consents.. The bill provides further that upon violation of a term or condition, the court may proceed with the case and that upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings without an adjudication of guilt or impose a sentence in accordance with the law.


FULL TEXT

HISTORY