Legal Question in Criminal Law in Virginia

commonwealth attorney

Is it legal for an assistant atty in the Commonwealth Attys office to send a letter to the person performing a risk offender assessment indicating evidence that was used against person and detailing crimes which he was found not guilty of?does this not create a bias,due to the influence of a letter sent to the assessor at the CSB?


Asked on 11/11/03, 10:42 pm

3 Answers from Attorneys

Richard S. Stolker Uptown Law, LLC

Re: commonwealth attorney

Your question as framed does not give me enough information to respond. Please phone me at 301-294-9500 and I will be glad to assist you.

Richard S. Stolker

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Answered on 11/12/03, 7:52 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: commonwealth attorney

Yes, the transmittal of such information by the Commonwealth's Attorney to the person(s) charged with doing the risk assessment evaluation for the purpose of sentencing is quite routine and, quite legal, to answer your question,specifically.

The judge who is to pass on the sentence of the person being evaluated needs to have all information which bears on the likelihood of this person recommiting the offense for which he was convicted or a similar offense. In order to make a proper determination on this particular issue,

the judge may need information regarding other dubious conduct on the part of this convicted person even though this information may not specifically relate to the crime for which he was convicted and is now being evaluated for the purpose of sentencing.

You may wish to contact a person licensed to practice law in the Commonwealth and knowledgeable in Virginia criminal law matters for further information.

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Answered on 11/12/03, 10:46 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: commonwealth attorney

Correction to previous answer: When I used the term convicted or conviction in my previous answer, I meant to say "found guilty". A conviction occurs only after a person has been found guilty in a court of law and, subsequently,

is sentenced.

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Answered on 11/12/03, 11:34 pm


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