Virginia Laws and Legal Procedures Flashcards

Under Virginia law, a person commits petit larceny when they steal property valued at:

Answer: Less than $1,000

Virginia Code § 18.2-96 defines petit larceny as theft of property valued at less than $1,000, making it a Class 1 misdemeanor.

In Virginia, what is the legal definition of 'curtilage' as it relates to search and seizure?

Answer: The area immediately surrounding and associated with a home

Curtilage is the area immediately surrounding a home that shares the same Fourth Amendment protections as the home itself.

Virginia Code § 18.2-308 generally prohibits carrying a concealed handgun without a permit. Which of the following persons is EXEMPT from this requirement?

Answer: A licensed private investigator while on duty

Virginia Code § 18.2-308(A) exempts licensed private investigators acting in the performance of their duties from the concealed carry prohibition.

Under Virginia's Domestic Violence law, a 'protective order' issued after a full hearing may remain in effect for up to:

Answer: 5 years or an unlimited period

Under Virginia Code § 16.1-279.1, a permanent protective order may last up to two years, but courts may issue an order for a longer period or without a fixed expiration based on the circumstances.

A Virginia officer responding to a domestic assault call must arrest the primary aggressor if:

Answer: There is probable cause to believe assault and battery occurred within the past three hours

Virginia Code § 19.2-81.3 requires officers to arrest the primary aggressor when there is probable cause to believe domestic assault occurred within the past three hours.

Under Virginia law, which offense is defined as 'the taking, with intent to extort money or pecuniary benefit, by threat or intimidation'?

Answer: Extortion

Virginia Code § 18.2-59 defines extortion as obtaining money or other benefit through threats or intimidation.

Under Virginia Code § 19.2-386.1, when may officers seize property under civil asset forfeiture without a criminal conviction?

Answer: When a judge issues a civil forfeiture order based on clear evidence

Virginia reformed its forfeiture law in 2021, generally requiring either a criminal conviction or a court order based on clear and convincing evidence before forfeiture.