15A-305.Ī citation is a written charge issued by a law enforcement officer. 15A-922(a) and by itself does not charge a crime. Note that an order for arrest may also be issued in conjunction with a criminal pleading, but it is not included in G.S. 15A-922(a) (citation, summons, warrant for arrest or magistrate’s order all serve as state’s pleading in district court). Misdemeanor Pleadings in District Courtįor misdemeanor cases in district court, the criminal process issued to the defendant (that is, the document which compels a person to appear and answer for a crime or misdemeanor in court) usually doubles as the criminal pleading (that is, the document which charges an offense and provides notice to the defendant. Similarly, an error in citing the statute or rule violated or its omission is not grounds for dismissal of the charges or for reversal of a conviction. For example, the statute listing the requirements states that an error regarding a date in a pleading or the omission of a date is not grounds for dismissal of the charges or reversal of a conviction if time was not of the essence and the error or omission did not prejudice the defendant. While these are listed as required components of a criminal pleading, their absence does not necessarily render the pleading invalid. In felony cases, a plain and concise factual statement of any aggravating factor upon which the state intends to rely.A citation of the statute or rule of law alleged to have been violated and.A plain and concise factual statement supporting every element of the offense charged.The date (or period of time) when the offense was committed.The county where the offense took place.A separate count for each offense charged.The name or other identification of the defendant.A criminal pleading must contain the following: Enables the defendant to raise a double jeopardy bar to a subsequent prosecution for the same offense.Provides notice of the charges against which the defendant must defend and. Provides the court with jurisdiction to enter judgment on the offense charged.A properly-drafted criminal pleading fulfills three main functions: In felony cases which are initially tried in superior court, the state must obtain an indictment or criminal information.ġ. In misdemeanor cases tried in district court and on appeal for trial de novo in superior court, pleadings include arrest warrants, criminal summonses, citations, magistrate’s orders, and statements of charges. OverviewĬriminal pleadings are the tools the state uses to charge criminal offenses. Besides professionally drafted samples, customers may also be supported with step-by-step guidelines on how to get, download, and fill out templates.For templates with recommended language to use when charging specific criminal offenses, please see the related entry on Arrest Warrant and Indictment Forms. Get access to 85,000 legal forms straight from our US Legal Forms library. Right after downloading it, you may fill it out, sign and print it.Pay with a credit card or PayPal and download the document in a preferable format.Choose a subscription plan and create an account.If it is appropriate, simply click Buy Now.If the form is not what you need, get others using the Search engine or the listed recommendations.See the form description and hit Preview (if available) to check whether the template meets your requirements or not.In case you do not have an account, you need to register and choose a subscription plan first.įollow the step-by-step recommendations below to download Virginia Bill of Particulars from our website: It’ll automatically be included to your My Forms section. If you already have the US Legal Forms subscription, just log in and download the sample. Get any form you are looking for within minutes, hassle free. US Legal Forms provides over 85,000 state-specific legal and tax forms drafted by professional attorneys in accordance with state requirements. All too often, you find papers that you just think are fine to use, but find out later they are not. Searching for a Virginia Bill of Particulars online might be stressful.
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