Legal Question in Criminal Law in Virginia
How does the law of discoverability work in Henrico, Virginia? Is the prosecutor required to release information to the defense attorney pertaining to the charges of the defendent's case?
1 Answer from Attorneys
The prosecutor is legally bound to disclose all information to the defense (whether requested or not) which favors the defendant as well as any adverse information regarding the credibility of government witnesses, including police officers who may be called to testify in the trial of the case.
Upon the request of the defense, the prosecutor must also turn over
copies of any recorded statements or confessions of the defendant (whether audio or written) made or taken as a result of law enforcement's interrogation of the defendant as well as a photocopy of the defendant's criminal record.
The prosecutor's office will normally decline to provide the defendant
with a copy of the police report.
The foregoing is a basic outline of what an Office of Commonweath's
Attorney can reasonably be expected to provide to a defendant or his defense
counsel as discovery in a criminal case but is not meant to be all inclusive
as to what a particular prosecutor's office may be willing to provide such
as the one in Henrico County, Virginia.
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