Legal Question in Civil Litigation in Virginia

Commonwealth Attorney failing to adhere to deadline.

I know there are certain deadlines that attorneys must adhere to. I sent in a Petition for Expungement and an Order to the Court. The fingerprints and criminal history report are also in the Court's possession. I do know that a copy was sent to the Commonwealth Attorney. It has now been 21 days and he has not yet signed (or rejected) it. I know the Court can administer sanctions against an attorney who fails to meet the deadlines. What action can be taken against the Commonwealth Attorney? Or, in the alternative, who can be contacted regarding a problem of this kind. By the way, we are speaking of a small county without a heavy work load.

Thanks for any advice you can offer.


Asked on 6/02/09, 4:13 pm

1 Answer from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Commonwealth Attorney failing to adhere to deadline.

Good things (may) come to those who wait. Moving for sanctions will not likely speed this up any, and may actually come back to haunt you later. However, you might consider consulting an attorney about this if you are truly concerned about this supposed delay. Good luck.

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Answered on 6/03/09, 3:00 pm


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