This law allows individuals convicted of a felony or adjudicated delinquent for a felony-level offense to petition the Virginia Supreme Court for a writ of actual innocence based on biological evidence. The Supreme Court can direct the circuit court to hold hearings and issue the writ. Additionally, the Attorney General can join such petitions and request the release of the individual pending the court's decision.
Individuals convicted of a felony or adjudicated delinquent for a felony-level offense can petition the Virginia Supreme Court for a writ of actual innocence.
The Attorney General may join the petition, file responses, and request hearings for the release of the individual pending the court's decision.
Yes, upon good cause shown and a hearing, the court may order the release on bail until the Supreme Court rules on the writ.
Biological evidence can be a basis for the petition, supporting claims of actual innocence and potentially leading to the issuance of the writ.