Factual Determination

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 Lee County

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.

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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.

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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 Fairfax County

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.

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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.

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Virginia Sex Crime Rape Sexually Violent Predator Attorneys Fairfax County

Virginia Sex Crime Rape Sexually Violent Predator Attorneys Fairfax County

EMILLE v. COMMONWEALTH OF VIRGINIA

Facts:

On March 13, 1989, pursuant to a guilty plea Defendant was convicted in the Circuit Court of Fairfax County of rape. On June 9, 1989, Defendant was sentenced to serve twenty-five years imprisonment, with ten 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.

Virginia Sex Crime Rape Sexually Violent Predator Attorneys Fairfax County

Virginia Sex Crime Rape Sexually Violent Predator Attorneys

Issue:
  • Whether the evidence is sufficient to find out the defendant was a sexually violent predator?
Discussion:

This 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. Hence 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.

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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

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CLIENT MEETING LOCATIONS

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Fairfax County 703-278-0405
Prince William County 703-278-0405
Loudoun County 703-278-0405
Fredericksburg 703-278-0405
Richmond 804-201-9009
Virginia beach 757-512-5002
Lynchburg 434-509-4004

Virginia Sex Crimes Defense Attorney

Atchuthan Sriskandarajah on Channel 7 News

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