Legal Question in Technology Law in Virginia

Dropping all charges and getting computers back on an investigation

Recently had to give up our computers to the police. Someone had been sending emails to our adult daughter living at home and then had come into our house and taped her changing clothes in her bedroom and in the bathroom. The video had gotten onto our computer and I had given both our computers to be searched. At the time, the detectives did not inform us that the computers would be kept longer than what we had anticipated, because of evidence on the hard drive. Since we are moving to another, more secure location, we decided, along with our daughter to drop all the charges and have our computers returned. The detectives informed us that since the Secret Service is still searching the hard drives (making a copy) that we could not drop any charges and get them returned. I called two weeks ago and left messages to drop all charges and have the computers returned. I also called the Commonwealth Attorneys office to get any help. What do I need to do?


Asked on 9/25/02, 7:01 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Dropping all charges and getting computers back on an investigation

It is a common misconception that a citizen controls whether or not charges are pursued. In fact, once filed, the prosecuting authorities control the case from then on and only they can decide to "drop the charges." Your best advice is to stay in touch with the agency which has your computers and diplomatically urge them to finish copying the hard drives and return the units to you. Properly addressed, the process shouldn't take too long.

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Answered on 9/25/02, 8:52 am


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