David L. Parker, P.C., lawyers in Harrisonburg, VA, Virginia

REQUESTS FOR JURY INSTRUCTIONS

Both the prosecution and a defendant have a right to request that certain instructions be submitted to a jury when a trial court charges the jury. A request for the instructions must be made in writing and must be presented to the trial court prior to the trial court's charge to the jury. The request may also be dictated to a court reporter in the presence of the trial court and counsel for both parties.More...

TERMS & CONDITIONS OF PROBATION

A trial judge generally has discretion whether to grant probation to a defendant. The trial judge also has discretion to determine the terms and conditions of the defendant's probation. Only the trial judge that presided over the defendant's trial has the authority to determine the terms and conditions of the defendant's probation, unless the trial judge transfers jurisdiction of the defendant's case to another court. Although a jury may recommend probation for a defendant, the jury does not have the authority to determine the terms and conditions of the defendant's probation. More...

Federal Government's Disclosure Obligations of Information or Evidence to the Defendant

The federal government is required to disclose any relevant information or evidence to the defendant when the defendant requests disclosure of such information. The defendant should file a motion requesting the disclosure of the federal government's evidence. The defendant should be provided with liberal discovery. More...

Closing Arguments During a Criminal Trial

The defendant is entitled to present a closing argument in a criminal trial. The defendant's right to give a closing argument has been deemed by the United States Supreme Court as a basic element of the adversary factfinding process. More...

Disorderly Conduct and Public Intoxication

A person commits the offense of disorderly conduct when he or she knowingly or intentionally engages in an act that is offensive to the public order. Examples of disorderly conduct include using abusive language in a public place, making an offensive gesture in a public place, creating a noxious odor in a public place, making unreasonable noise in a public place, fighting in a public place, or discharging a firearm in a public place. More...