Sexual Violent Virginia Rehabilitation Lawyers Halifax County
Sexual Violent Virginia Rehabilitation Lawyers Halifax County
MELON v. DIRECTOR OF THE VIRGINIA CENTER FOR BEHAVIORAL REHABILITATION
Facts:
Petitioner was convicted of sexual offenses. He was later paroled. Next, he was convicted of another sexual offense. His parole was revoked. He was then returned to the state department of corrections. Shortly before he was to be released, it was learned that he qualified for consideration under Virginia’s Sexually Violent Predators Act, Va. Code Ann. § 37.2-900 et seq. The trial court did not manage to hold a probable cause hearing until after he was released from prison. It then ruled that there was probable cause to believe he was a sexually violent predator. Petitioner filed a petition for writ of habeas corpus against respondent rehabilitation director to challenge whether petitioner received ineffective assistance of counsel when his trial counsel failed to timely file trial transcripts related to the trial court’s finding that petitioner was a sexually violent predator, which caused the state supreme court to dismiss petitioner’s appeal of that ruling.
Sexual Violent Virginia Rehabilitation Lawyers
Issue:
- Whether petitioner, who was committed to an institution pursuant to Virginia’s Sexually Violent Predators Act, is entitled to effective assistance of counsel during the appeal of the civil commitment judgment?
Discussion:
The trial court finds he was a sexually violent predator and ordered that he be placed in the custody of the commissioner of mental health services. He filed a notice of appeal, but his trial court counsel failed to timely file trial transcripts. As a result, the state supreme court dismissed his appeal. He then filed a petition for a writ of habeas corpus. The state supreme court found that he was entitled to file such a petition for a writ of habeas corpus in the state supreme court, that he received ineffective assistance of counsel, and that as a result, he was entitled to file a belated appeal. The state Supreme Court granted the petition for writ of habeas corpus, found that petitioner had shown he was denied ineffective assistance of counsel, and should be granted a belated appeal of the ruling that found him to be a sexually violent predator.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Misconduct Parole Evidence Lawyers Lee County
Rape Virginia Misconduct Parole Evidence Lawyers Lee County
Taylor v. Commonwealth
Facts:
Defendant pled guilty to rape and was sentenced to 25 years in prison, with10 years suspended. The Attorney General filed a petition seeking civil commitment as a sexually violent predator under Va. Code Ann. § 37.2-305. The Circuit Court of Lee County (Virginia) entered an order declaring him to be a sexually violent predator and committed him for treatment and confinement. Defendant appealed. Defendant argued that sufficient evidence did not support the finding that he was a sexually violent predator.
Rape Virginia Misconduct Parole Evidence Lawyers
Issue:
- Whether the Defendant is a sexually violent predator to engage in sexually violent acts?
Discussion:
The state Supreme Court held that the circuit court’s finding that defendant was a sexually violent predator in need of treatment in a secure facility was supported by clear and convincing evidence. While neither psychologist was able to opine that the sexual offenses the offender was likely to commit in the future would be sexually violent acts as defined in Va. Code Ann. § 37.2-900, neither could they exclude that likelihood. Indeed, both experts were clear that the random, brutal nature of the rape he committed and other elements of his history were significant factors in their determination that the likelihood that he would reoffend was higher than the actuarial data suggested. Additional evidence established that he had proven unsuitable for supervised parole, continued to have difficulty with impulse control, and sought to minimize or excuse his acts of misconduct including the rape. Thus, the factual determination that he was likely to engage in future sexually violent acts was not plainly wrong or without support in the evidence. The judgment of the circuit court was affirmed.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Sexual Violent Acts Evidence Lawyers Fairfax County
Rape Virginia Sexual Violent Acts Evidence Lawyers Fairfax County
Rock v. Commonwealth
Facts:
Defendant pled guilty to rape and was sentenced to 25 years in prison, with10 years suspended. The Attorney General filed a petition seeking civil commitment as a sexually violent predator under Va. Code Ann. § 37.2-305. The Circuit Court of Fairfax County (Virginia) entered an order declaring him to be a sexually violent predator and committed him for treatment and confinement. Defendant appealed. Defendant argued that sufficient evidence did not support the finding that he was a sexually violent predator.
Rape Virginia Sexual Violent Acts Evidence Lawyers
Issue:
- Whether the Defendant is a sexually violent predator to engage in sexually violent acts?
Discussion:
The state Supreme Court held that the circuit court’s finding that defendant was a sexually violent predator in need of treatment in a secure facility was supported by clear and convincing evidence. While neither psychologist was able to opine that the sexual offenses the offender was likely to commit in the future would be sexually violent acts as defined in Va. Code Ann. § 37.2-900, neither could they exclude that likelihood. Indeed, both experts were clear that the random, brutal nature of the rape he committed and other elements of his history were significant factors in their determination that the likelihood that he would reoffend was higher than the actuarial data suggested. Additional evidence established that he had proven unsuitable for supervised parole, continued to have difficulty with impulse control, and sought to minimize or excuse his acts of misconduct including the rape. Thus, the factual determination that he was likely to engage in future sexually violent acts was not plainly wrong or without support in the evidence. The judgment of the circuit court was affirmed.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Sexual Offenses Virginia Probable Cause Rehabilitation Lawyers Bedford City
Sexual Offenses Virginia Probable Cause Rehabilitation Lawyers Bedford City
MELON V. DIRECTOR OF THE VIRGINIA CENTER FOR BEHAVIORAL REHABILITATION
Facts:
Petitioner was convicted of sexual offenses. He was later paroled. Next, he was convicted of another sexual offense. His parole was revoked. He was then returned to the state department of corrections. Shortly before he was to be released, it was learned that he qualified for consideration under Virginia’s Sexually Violent Predators Act, Va. Code Ann. § 37.2-900 et seq. The trial court did not manage to hold a probable cause hearing until after he was released from prison. It then ruled that there was probable cause to believe he was a sexually violent predator. Petitioner filed a petition for writ of habeas corpus against respondent rehabilitation director to challenge whether petitioner received ineffective assistance of counsel when his trial counsel failed to timely file trial transcripts related to the trial court’s finding that petitioner was a sexually violent predator, which caused the state supreme court to dismiss petitioner’s appeal of that ruling.
Sexual Offenses Virginia Probable Cause Rehabilitation Lawyers
Issue:
- Whether petitioner, who was committed to an institution pursuant to Virginia’s Sexually Violent Predators Act, is entitled to effective assistance of counsel during the appeal of the civil commitment judgment?
Discussion:
The trial court finds he was a sexually violent predator and ordered that he be placed in the custody of the commissioner of mental health services. He filed a notice of appeal, but his trial court counsel failed to timely file trial transcripts. As a result, the state supreme court dismissed his appeal. He then filed a petition for a writ of habeas corpus. The state supreme court found that he was entitled to file such a petition for a writ of habeas corpus in the state supreme court, that he received ineffective assistance of counsel, and that as a result, he was entitled to file a belated appeal. The state Supreme Court granted the petition for writ of habeas corpus, found that petitioner had shown he was denied ineffective assistance of counsel, and should be granted a belated appeal of the ruling that found him to be a sexually violent predator.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Sodomy Virginia Rape Sexual Violent Predator Lawyers Richmond City
Sodomy Virginia Rape Sexual Violent Predator Lawyers Richmond City
Leo v. Commonwealth of Virginia
Facts:
Defendant was convicted of, among other things, rape and sodomy and sentenced to a total of 45 years imprisonment, with five years suspended. Prior to his scheduled release from incarceration, the Commonwealth filed a petition pursuant to the Sexually Violent Predator Act, Va. Code Ann. §§ 37.2-900 et seq., requesting defendant’s civil commitment as a sexually violent predator. Defendant argued that the circuit court erred in allowing certain evidence to be presented to the jury. Defendant sought review of a judgment from the Circuit Court of Richmond City (Virginia), which found him to be a sexually violent predator and committed him to the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services for involuntary secure inpatient treatment.
Sodomy Virginia Rape Sexual Violent Predator Lawyers
Issues:
- Whether the circuit court erred in admitting expert testimony unadjudicated allegations of sexual misconduct?
- Whether expert opinion testimony dependent, unadjudicated allegations are admissible into evidence?
Discussion:
The court held that the trial court erred in allowing an expert, a licensed clinical psychologist, to testify on direct examination about details of unadjudicated allegations of sexual misconduct she learned about from reading police reports. The evidence indicated that the expert, in forming her opinions, considered as true the unsubstantiated allegations contained in the police reports. Furthermore, the error regarding the admission into evidence such hearsay evidence concerning allegations of sexual misconduct by defendant was not harmless because it could not be found with assurance that such evidence did not influence the jury or that it had only a slight effect. The court reversed the trial court’s judgment and remanded for further proceedings.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Forcible Sodomy Attempt Lawyers Norfolk City
Rape Virginia Forcible Sodomy Attempt Lawyers Norfolk City
Commonwealth of Virginia v. Billand
Facts:
Nineteen years after defendant was convicted of rape, forcible sodomy, and attempted sodomy, the Commonwealth filed a petition seeking his civil commitment as a sexually violent predator pursuant to the Sexually Violent Predators Act (SVPA), Va. Code Ann. § 37.2-900 et seq. Pursuant to Va. Code Ann. § 37.2-908, the circuit court heard evidence on possible alternatives to civil commitment and concluded that the SVPA did not prohibit defendant’s transfer under the Interstate Compact. Defendant appealed a judgment by the Circuit Court of the City of Norfolk (Virginia) that adjudged him to be a sexually violent predator; defendant claimed that transfer of his supervision outside the Commonwealth was appropriate because he was subject to probation supervision for another crime and therefore qualified for transfer under the Interstate Compact for the Supervision of Adult Offenders, Va. Code Ann. § 53.1-176.1, et seq.
Rape Virginia Forcible Sodomy Attempt Lawyers
Issue:
- Whether a person a sexually violent predator can be eligible for transfer under the Interstate Compact for the Supervision of Adult Offenders?
Discussion:
The state supreme court found, inter alia, that based on its decision in Commonwealth v. Amerson, 281 Va. 414, 706 S.E.2d 879, 884 (2011), the SVPA did not authorize the conditional release of a sexually violent predator outside the Commonwealth. Accordingly, as defendant would not qualify for transfer under the Interstate Compact based on his adjudication as a sexually violent predator, the circuit court’s judgment was erroneous. The judgment was reversed, and the case was remanded for further proceedings.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content
Sexual Violent Virginia Parole Release Conviction Lawyers Fairfax City
Sexual Violent Virginia Parole Release Conviction Lawyers Fairfax City
MELON v. DIRECTOR OF THE VIRGINIA CENTER FOR BEHAVIORAL REHABILITATION
Facts:
Petitioner was convicted of sexual offenses. He was later paroled. Next, he was convicted of another sexual offense. His parole was revoked. He was then returned to the state department of corrections. Shortly before he was to be released, it was learned that he qualified for consideration under Virginia’s Sexually Violent Predators Act, Va. Code Ann. § 37.2-900 et seq. The trial court did not manage to hold a probable cause hearing until after he was released from prison. It then ruled that there was probable cause to believe he was a sexually violent predator. Petitioner filed a petition for writ of habeas corpus against respondent rehabilitation director to challenge whether petitioner received ineffective assistance of counsel when his trial counsel failed to timely file trial transcripts related to the trial court’s finding that petitioner was a sexually violent predator, which caused the state supreme court to dismiss petitioner’s appeal of that ruling.
Sexual Violent Virginia Parole Release Conviction Lawyers
Issue:
- Whether petitioner, who was committed to an institution pursuant to Virginia’s Sexually Violent Predators Act, is entitled to effective assistance of counsel during the appeal of the civil commitment judgment?
Discussion:
The trial court finds he was a sexually violent predator and ordered that he be placed in the custody of the commissioner of mental health services. He filed a notice of appeal, but his trial court counsel failed to timely file trial transcripts. As a result, the state supreme court dismissed his appeal. He then filed a petition for a writ of habeas corpus. The state supreme court found that he was entitled to file such a petition for a writ of habeas corpus in the state supreme court, that he received ineffective assistance of counsel, and that as a result, he was entitled to file a belated appeal. The state Supreme Court granted the petition for writ of habeas corpus, found that petitioner had shown he was denied ineffective assistance of counsel, and should be granted a belated appeal of the ruling that found him to be a sexually violent predator.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Sodomy Suspended Imprisonment Lawyers Prince William County
Rape Virginia Sodomy Suspended Imprisonment Lawyers Prince William County
LEO v. COMMONWEALTH OF VIRGINIA
Facts:
Defendant was convicted of, among other things, rape and sodomy and sentenced to a total of 45 years imprisonment, with five years suspended. Prior to his scheduled release from incarceration, the Commonwealth filed a petition pursuant to the Sexually Violent Predator Act, Va. Code Ann. § 37.2-900 et seq., requesting defendant’s civil commitment as a sexually violent predator. Defendant argued that the circuit court erred in allowing certain evidence to be presented to the jury. Defendant sought review of a judgment from the Circuit Court of Prince William County (Virginia), which found him to be a sexually violent predator and committed him to the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services for involuntary secure inpatient treatment.
Rape Virginia Sodomy Suspended Imprisonment Lawyers
Issue:
- Whether the circuit court erred in admitting expert testimony unadjudicated allegations of sexual misconduct?
- Whether expert opinion testimony dependent, un-adjudicated allegations are admissible into evidence?
Discussion:
The court held that the trial court erred in allowing an expert, a licensed clinical psychologist, to testify on direct examination about details of un-adjudicated allegations of sexual misconduct she learned about from reading police reports. The evidence indicated that the expert, in forming her opinions, considered as true the unsubstantiated allegations contained in the police reports. Furthermore, the error regarding the admission into evidence such hearsay evidence concerning allegations of sexual misconduct by defendant was not harmless because it could not be found with assurance that such evidence did not influence the jury or that it had only a slight effect. The court reversed the trial court’s judgment and remanded for further proceedings.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Transfer Supervision Adult Offenders Lawyers Page County
Rape Virginia Transfer Supervision Adult Offenders Lawyers Page County
COMMONWEALTH OF VIRGINIA v. BILLAND
Facts:
Nineteen years after defendant was convicted of rape, forcible sodomy, and attempted sodomy, the Commonwealth filed a petition seeking his civil commitment as a sexually violent predator pursuant to the Sexually Violent Predators Act (SVPA), Va. Code Ann. § 37.2-900 et seq. Pursuant to Va. Code Ann. § 37.2-908, the circuit court heard evidence on possible alternatives to civil commitment and concluded that the SVPA did not prohibit defendant’s transfer under the Interstate Compact. Defendant appealed a judgment by the Circuit Court of the Page County (Virginia) that adjudged him to be a sexually violent predator; defendant claimed that transfer of his supervision outside the Commonwealth was appropriate because he was subject to probation supervision for another crime and therefore qualified for transfer under the Interstate Compact for the Supervision of Adult Offenders, Va. Code Ann. § 53.1-176.1, et seq.
Rape Virginia Transfer Supervision Adult Offenders Lawyers
Issue:
- Whether a person a sexually violent predator can be eligible for transfer under the Interstate Compact for the Supervision of Adult Offenders?
Discussion:
The state supreme court found, inter alia, that based on its decision in Commonwealth v. Amerson, 281 Va. 414, 706 S.E.2d 879, 884 (2011), the SVPA did not authorize the conditional release of a sexually violent predator outside the Commonwealth. Accordingly, as defendant would not qualify for transfer under the Interstate Compact based on his adjudication as a sexually violent predator, the circuit court’s judgment was erroneous. The judgment was reversed, and the case was remanded for further proceedings.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Forcible Sodomy Sexual Violent Attorneys Amelia County
Rape Virginia Forcible Sodomy Sexual Violent Attorneys Amelia County
COMMONWEALTH OF VIRGINIA v. HARITON SAVIOR
Facts:
Nineteen years after defendant was convicted of rape, forcible sodomy, and attempted sodomy, the Commonwealth filed a petition seeking his civil commitment as a sexually violent predator pursuant to the Sexually Violent Predators Act (SVPA), Va. Code Ann. § 37.2-900 et seq. Pursuant to Va. Code Ann. § 37.2-908, the circuit court heard evidence on possible alternatives to civil commitment and concluded that the SVPA did not prohibit defendant’s transfer under the Interstate Compact. Defendant appealed a judgment by the Circuit Court of the City of Norfolk (Virginia) that adjudged him to be a sexually violent predator; defendant claimed that transfer of his supervision outside the Commonwealth was appropriate because he was subject to probation supervision for another crime and therefore qualified for transfer under the Interstate Compact for the Supervision of Adult Offenders, Va. Code Ann. § 53.1-176.1, et seq.
Rape Virginia Forcible Sodomy Sexual Violent Attorneys
Issue:
- Whether a person who is adjudged a sexually violent predator can be conditionally released for supervision outside the Commonwealth?
Discussion:
The state supreme court found, inter alia, that based on its decision in Commonwealth v. Amerson, 281 Va. 414, 706 S.E.2d 879, 884 (2011), the SVPA did not authorize the conditional release of a sexually violent predator outside the Commonwealth. Accordingly, as defendant would not qualify for transfer under the Interstate Compact based on his adjudication as a sexually violent predator, the circuit court’s judgment was erroneous. The judgment was reversed, and the case was remanded for further proceedings.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
