Legal Question in Criminal Law in Virginia

Been reading this thread about false accusal that says the the uncorroborated word of the victim alone isn't enough for a conviction (and thus not usually enough for the prosecutor to bring the case that far)

is not true in Virginia. What usually happens is the person arrested ,charged, some time over charged , detained without bond until the case is certified by the grand jury. Then released under high bond. Now this is when the plea barging starts..Prosecutor offers no jail time, drop the felony charges. Defense lawyer will tell the client I can guarantee the plea deal, not what going to happen in court. Unless you were on national TV or in jail at the time of the incident you better take the plea. Now this is a good deal if you are guilty, it's a POS if you are not. 265 people have cleared by DNA of crime they didn't commit. My question is, does any code of law in Virginia or any state say there has to be evidence beyond accusal for a conviction.? And if it is why do so few cases go to trial?


Asked on 1/14/11, 8:59 pm

1 Answer from Attorneys
Michael Sprano The Sprano Law Firm, LLP

No, there is no law in any state that says a defendant can't be convicted based soley on the testimony of one witness. The Constitution requires proof beyond a reasonalbe doubt, however, and many cases that do go to trial in such situations end up as Not Guilty verdicts. The reason more cases do not go to trial is that the people are in general fairly risk averse when it comes to taking chances with their own freedom.

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Answered on 1/24/11, 5:51 pm


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