Legal Question in Criminal Law in Virginia

Re: Understanding The Law: FYI

1. Can the state withhold DNA evidence that can free someone that has been accused of a crime?

ANSWER: Once a charge has been issued the state is required to provide any exculpatory evidence, that is evidence which would tend to prove the defendant innocent. If there was DNA of another suspect at a crime scene known to the Prosecutor, that would have to be disclosed.

2. Can a fedral agent threaten to bring harm to a person by way of a family member?

ANSWER: Depends on what you mean by harm. No one may threaten bodily injury, that is a crime called an assault. Can they threaten to bring charges? Yes they can. They often threaten spouses to give information or face their spouse also being charged. Their threat must be based on a good faith belief that they have the power to do that which they threaten.

3. If the only to a witness a case change their testimony several times during the course of a trail, should the judge discontinue the trial?

ANSWER: No. Inconsistent testimony can be argued to the factfinder whether it be a judge or a jury but it is entirely admissible and not subject to a mistrial. It just makes the witness unbelievable.

4. Can the DA's office tell a person why they should not hire an attorney and keep the court appointed attorney in order to save money on a defense?

ANSWER: Sure they can say whatever they want. Yu have the right to disregard them or not listen. You have a constitutional right to an attorney (that is why the court will appoint one if you cannot afford one) but you are entitled to whatever representation you like.

5. Can the state continue to work with the public defender that has been formally replaced by a hired attorney.

ANSWER: No. Once a lawyer is withdrawn from a case, the withdrawn attorney has no privilege and does not represent the defendant. This might be misconduct.

Good luck.

Re: Understanding The Law: FYI

1. No.

2. No.

3. No, not necessarily.

4. Yes, but I don't know why they would want to.

5. No.