Legal Question in Criminal Law in Virginia

If proerty is seized from someone in a criminal case, and the commonwealth does not file the proper information within the 90days required time and the defendent was able to obtain those seized items back in a civil suit can those items be surpressed as evidence or can the commonwealth still used it in evidence even tho the items was returned.2.If money is a monetary element of 18.2-248(H1)or(H2) and the paper wasn't file propery within the 90days by the commonwealth and the money was rewarded back in a civil suit due to neligence can the defendent still be charged under the H1-H2


Asked on 10/13/09, 7:14 pm

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

Yes, the fact that the Commonwealth was not able (for whatever reason) to retain possession of these items in a civil forfeiture action should not preclude it from later seeking to use them as evidence in the criminal matter which it seeks to prosecute. However, the defendant could still file a motion to surpress, seeking to have them excluded, but it would be up to the court hearing this motion to surpress to rule on the matter.

Yes, I see no bar whatsoever to recharging this defendant under either referenced subsection of Va. Code Sec. 18.2-248 under the circumstances described.

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Answered on 10/19/09, 10:16 am


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