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2007 Virginia Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagva0030 and id is 1 raw text is: COMMONWEALTH of VIRGINIA Office of the Attorney General Robert R. McDonnell 900 East Main Street Anorney Genteral Richmond, Virginia 23219 March 22, 2007 804-786-2071 FAX 804-786-1991 Virginia Relay Services 800-828-1120 7-1-1 The Honorable Michael J. Valentine Judge, Juvenile and Domestic Relations District Court Nineteenth Judicial District 4000 Chain Bridge Road Fairfax, Virginia 22030 Dear Judge Valentine: I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia. Issue Presented You ask whether a Juvenile and Domestic Relations District Court judge has the authority to reject a plea agreement when an arrest warrant is amended from assault and battery against a family or household member under § 18.2-57.2 to simple assault under § 18.2-57. Response It is my opinion that a Juvenile and Domestic Relations District Court judge may reject a plea agreement when an arrest warrant is amended from assault and battery against a family or household member under § 18.2-57.2 to simple assault under § 1 8.2-57 Background You relate that plea agreements are presented to the juvenile and domestic relations district court in which arrest warrants for alleged violations of § 18.2-57.2 are amended to allege violations of § 18.2-57, even though the parties involved are related, have a child in common, or have lived together. You also relate that you believe such arrest warrants are amended to avoid the dispositional requirements of § 18.2-57.3. You inquire what authority courts have to deny an amendment to an arrest warrant for an If a warrant charging a violation of § 18.2-57.2 is amended to charge a violation of § 18.2-57, that amendment would not affect the jurisdiction of the juvenile court. Section 16.1-241(J) provides the juvenile court with jurisdiction over all offenses in which the defendant and the victim are household members. An amendment to such warrant would change the potential punishment, but not the status of the defendant or the victim. See infra notes 6-7 and accompanying text. For purposes of this opinion, I will assume that the parties involved meet the statutory definition of family or household member under § 16.1-228. See VA. CODE ANN. § 18.2-57.2(D) (2004) (applying definition of family or household member in § 16.1-228 to this section).

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