Legal Question in Criminal Law in Virginia

Officer in charge of the case..

Is there a way to find out when a complaint was actually filed with the Police Department? Also,does the officer in charge of the case have to be in the courtroom for any or all of the proceedings? Example the officer was not there for the preliminary hearing and I was told by the judgethat I should have subpoened the officer if I wanted him there. I thought the officer is required to be in the courtroom??


Asked on 6/23/07, 7:55 am

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

Re: Officer in charge of the case..

An attorney representing a defendant in a criminal case will have access to information as to who and when the complaint was filed. However, members of the public at large generally will not have access to such information.

The prosecution at the preliminary hearing can bring forward whatever witnesses it wants to testify in order to convince the court that there's sufficient evidence(probable cause) to allow the case to go forward for prosecution. There are no special requirements that any particular officer attend such a hearing and, therefore, the judge was quite correct

with respect to his admonition to you regarding the subpoena of the officer whom you apparently had expected to be in attendance at this particular preliminary hearing.

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Answered on 6/23/07, 11:46 am


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