RULE OF LAW DAY

Welcome to Mr. Wren

Rule of Law

In America, no one is above the law and no one is below it:

• No one is above the law means that if you don’t follow the law, there are consequences. This includes government officials.

• No one is beneath the law means the law protects our individual freedoms granted by the Constitution and the Bill of Rights.

These rights are enforced by our judges and courts.

• The law ensures that you will be treated fairly and equally if you break the law by giving you a fair trial (due process).

Criminal Offenses vs Civil Offenses

Criminal Offenses~ A court determineswhether a person

accusedof breaking the law isguilty or not guilty of amisdemeanor or a

felony.

Civil Offenses-

Civil law seeks to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custody, and damages for personal and property damage.

• Criminal procedure in felony cases ~ WHAT ARE MY RIGHTS THROUGH THIS PROCEDURE??

Step 1) ArrestA person accused of a crime may be arrested if the police have probable cause

(MIRANDA RIGHTS, WARRANTS, FALSE ARREST)

Step 2) Bail The accused may be committed to jail or released on bail.(How long can they keep you? How is bail determined? What is the most they can ask for?)

Step 3) Arraignment The case proceeds to an arraignment where probable cause is reviewed, the defendant may be appointed an attorney, and a plea is entered.(Appointed lawyer? Pleas?)

Step 4) TrialA court date is set and trail conducted(Pleading the 5th, Double Jeopardy)

Step 5) Appeal A guilty verdict may be appealed to the Court of Appeals or directly

to the Supreme Court in certain cases.(How long does it take? What about Civil cases?)

Criminal Procedure

Juvenile Cases

• Judges have greater latitude in handling juvenile cases.

• Juveniles who commit serious crimes can be tried as adults

Procedure for Civil Cases

1) Plaintiff files a complaint. (where do you file a complaint? How much does it cost?)

2) Case is heard by a judge or jury.

3) Case can be appealed. (how much does it cost to appeal? How long does it take?)

Federal vs State Court

FEDERAL COURTS• This court system deals

with federal crimes that have been committed.

STATE COURTS• This court system deals

with local and state crimes that have been committed.

Court System in Virginia

VA Supreme Court

VA Court of Appeals

Circuit Court

General District Court

Juvenile and Domestic Relations Court

Juvenile and Domestic Relations Court(Albemarle County & Charlottesville City)

General District Court(City of Charlottesville)

Circuit Court (City of Charlottesville)

VA Court of Appeals&

VA Supreme Court

VA COURT OF APPEALS

VA SUPREME COURT

QUESTIONS??