DCJS Virginia Laws and Legal Procedures 4 — Questions and Answers
Question 1: Under Virginia Code § 18.2-248, distribution of a Schedule I or II controlled substance is generally classified as a:
- Class 1 misdemeanor
- Class 6 felony
- Felony punishable by 5–40 years (Correct answer)
- Felony punishable by 1–10 years
Correct answer: Felony punishable by 5–40 years
Distribution of Schedule I or II substances is a felony in Virginia punishable by 5 to 40 years imprisonment.
Question 2: A Virginia officer conducting a 'knock and talk' at a residence must stop and leave if:
- No one answers after two knocks
- The occupant refuses entry or asks them to leave (Correct answer)
- No warrant is produced within 10 minutes
- The officer lacks probable cause to suspect a crime
Correct answer: The occupant refuses entry or asks them to leave
A knock and talk is a consensual encounter; the officer must terminate it if the occupant clearly withdraws consent or asks them to leave.
Question 3: Under Virginia law, the crime of 'breaking and entering' a dwelling at night with intent to commit a felony is classified as:
- Burglary — a Class 3 felony
- Burglary — a felony punishable by 5 years to life (Correct answer)
- Grand larceny — a Class 5 felony
- Trespass — a Class 1 misdemeanor
Correct answer: Burglary — a felony punishable by 5 years to life
Common law burglary under Virginia Code § 18.2-89 is a felony punishable by confinement of 5 years to life.
Question 4: Virginia's 'stop and identify' statute requires a person to identify themselves to a law enforcement officer when:
- An officer asks during any encounter
- The person is lawfully detained based on reasonable suspicion (Correct answer)
- The person is in a public place
- A vehicle has been stopped for any reason
Correct answer: The person is lawfully detained based on reasonable suspicion
Virginia Code § 19.2-82.1 requires a person to identify themselves only when lawfully detained, not during a voluntary encounter.
Question 5: Under Virginia Code § 18.2-57.2, assault and battery against a family or household member is classified as a:
- Class 3 misdemeanor
- Class 1 misdemeanor (Correct answer)
- Class 6 felony
- Class 4 felony
Correct answer: Class 1 misdemeanor
Assault and battery against a family or household member is a Class 1 misdemeanor under § 18.2-57.2 for a first offense.
Question 6: Virginia's 'Racial Justice Act' as it relates to capital punishment allows defendants to:
- Automatically receive a life sentence instead of death
- Challenge a death sentence based on evidence of racial discrimination in the case (Correct answer)
- Demand a jury of their own racial composition
- Appeal to a federal court before state courts rule
Correct answer: Challenge a death sentence based on evidence of racial discrimination in the case
Virginia abolished the death penalty in 2021, but prior to abolition the Racial Justice Act concept allowed challenges to death sentences based on racial bias evidence.
Question 7: Under Virginia law, a person who knowingly drives on a suspended license for a second offense within 10 years faces:
- A Class 4 misdemeanor
- A Class 1 misdemeanor with mandatory 10-day jail term (Correct answer)
- A Class 6 felony
- License revocation for 5 years only
Correct answer: A Class 1 misdemeanor with mandatory 10-day jail term
A second offense of driving on a suspended license within 10 years is a Class 1 misdemeanor carrying a mandatory minimum of 10 days in jail under Virginia Code § 46.2-301.
DCJS Virginia Laws and Legal Procedures 4
Under Virginia Code § 18.2-248, distribution of a Schedule I or II controlled substance is generally classified as a: