Legal Question in Criminal Law in Virginia

1.What does case law say, when commonwealth attorney and your lawyer wiithhold evidence?

2.I file a motion to be heard in court.I sent all the evidence.How long do the court have to give you a answer?

3.Look and see what do case law say,when the Police SGR. withhold information?


Asked on 9/16/09, 9:35 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

1. It's illegal for the prosecution to withhold exculpatory evidence (Brady material) from the defense.

Brady v. Maryland

U.S. v. Agurs

Giglio v. U.S.

U.S. v. Bagley

2. Depends on the court.

3.What information are you refering to? (Cops are not necessarily obliged to turn over all information regarding the crime alleged that may be in their possession.)

Read more
Answered on 9/21/09, 3:57 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia