Legal Question in Criminal Law in Virginia

Accommadating someone with Physical Limitations

I'm curious to know what legal obligations that a criminal court has in accommodating special needs of a defendant with a physical/psychological limitations? I'm speaking in terms of accommodating the trial. If someone is perhaps a long term agorophobic--would the court be obligated to allow the person to testify, or participate in the trial over video if they were unable to sit in a courtroom? I'm not talking about an excuse, but a well documented illness or condition like that.


Asked on 9/26/07, 10:18 pm

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

Re: Accommadating someone with Physical Limitations

No, I don't see a criminal court allowing a defendant claiming agorophobic symptomology(panic attacks or panic like symptoms precipitated by stressful situations)to testify or be cross-examined by way of a live video

camera appearance.

Once informed of the situation, the court instead would likely ensure the presence of medical personnel at the trial who would be qualified to recognize and deal effectively with any such panic attacks experienced by the defendant, including a recess of trial proceedings, if necessary until the panic attacks could be brought under control.

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Answered on 9/26/07, 10:54 pm


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