Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Rules of discovery in Fairfax District court
Posted by:
courtjester
()
Date: February 01, 2014 07:56PM
Does anyone know the rules of discovery for Fairfax County Courts? I have been told that this is no discovery before trial. Is this true?
Re: Rules of discovery in Fairfax District court
Posted by:
dfadfdfgf
()
Date: February 01, 2014 08:06PM
if u have a phone
Posted by:
chuckhoffmann
()
Date: February 01, 2014 08:18PM
Edited 1 time(s). Last edit at 03/14/2014 05:39PM by chuckhoffmann.
Edited 1 time(s). Last edit at 03/14/2014 05:39PM by chuckhoffmann.
Re: Rules of discovery in Fairfax District court
Posted by:
law
()
Date: February 06, 2014 10:55AM
Your question is too vague. The rules of discovery differ depending on whether the case is in General Districct, Juvenile/Domestic Relations, or Circuit Court. There is also a big difference between criminal and civil cases.
Most lawyers will talk to you briefly for free. Call one for advise on discovery and other legal matters.
Most lawyers will talk to you briefly for free. Call one for advise on discovery and other legal matters.
Re: Rules of discovery in Fairfax District court
Posted by:
thisisajokeright
()
Date: February 06, 2014 11:06AM
law Wrote:
-------------------------------------------------------
> Your question is too vague. The rules of discovery
> differ depending on whether the case is in General
> Districct, Juvenile/Domestic Relations, or Circuit
> Court. There is also a big difference between
> criminal and civil cases.
>
> Most lawyers will talk to you briefly for free.
> Call one for advise on discovery and other legal
> matters.
Generally you have to have an ACA signed / court approved form (that is filled out at GDC) before you can get a discovery. It's pretty much only done 30 minutes before court in oral form FOR GDC (traffic/criminal). The other courts are different.
-------------------------------------------------------
> Your question is too vague. The rules of discovery
> differ depending on whether the case is in General
> Districct, Juvenile/Domestic Relations, or Circuit
> Court. There is also a big difference between
> criminal and civil cases.
>
> Most lawyers will talk to you briefly for free.
> Call one for advise on discovery and other legal
> matters.
Generally you have to have an ACA signed / court approved form (that is filled out at GDC) before you can get a discovery. It's pretty much only done 30 minutes before court in oral form FOR GDC (traffic/criminal). The other courts are different.
Re: Rules of discovery in Fairfax District court
Posted by:
Fairfaxian
()
Date: February 06, 2014 11:21AM
Discovery in the General District Court, such as it is, is governed by Virginia Supreme Court Rule 7C:5. Discovery under this rule is only available for felonies and for misdemeanors carrying the possibility of jail time (that is, Class 1 and 2 misdemeanors).
Basically, discovery in the GDC is limited to:
(1) Any written or oral statements the accused made to the police; and
(2) The criminal record of the accused.
You must move for discovery at least 10 days before court (before the trial date for a misdemeanor and before the preliminary hearing for a felony). The motion must be in writing. You file a copy with the court and give a copy to the ACA who is prosecuting the case.
In addition to the discovery allowed by Va.S.Ct.R. 7C:5, you also have a constitutional right to what's known as exculpatory or "Brady" evidence: that is, evidence that the police or the prosecutor have that favors a finding of not guilty. Lawyers generally add a provision to their discovery motion requesting all exculpatory evidence, even though the prosecutor has a duty to turn it over.
I encourage you to find a lawyer to represent you in this matter. These things sound simple, but like patching a roof, fixing a leaky pipe, or replacing an alternator in a car, it's better to have an expert do it. This is especially true because, unlike those three examples, you could end up going to jail, paying heavier fines, and - if you're convicted of a felony - losing the right to carry a firearm and losing, temporarily or permanently, your right to vote.
If you insist on going forward on your own, know that you'll often get the answer to your motion on the morning of your hearing or trial, usually conveyed to you orally by a police officer or the ACA. That means you don't have much time to prepare. More reason to get a professional involved.
Basically, discovery in the GDC is limited to:
(1) Any written or oral statements the accused made to the police; and
(2) The criminal record of the accused.
You must move for discovery at least 10 days before court (before the trial date for a misdemeanor and before the preliminary hearing for a felony). The motion must be in writing. You file a copy with the court and give a copy to the ACA who is prosecuting the case.
In addition to the discovery allowed by Va.S.Ct.R. 7C:5, you also have a constitutional right to what's known as exculpatory or "Brady" evidence: that is, evidence that the police or the prosecutor have that favors a finding of not guilty. Lawyers generally add a provision to their discovery motion requesting all exculpatory evidence, even though the prosecutor has a duty to turn it over.
I encourage you to find a lawyer to represent you in this matter. These things sound simple, but like patching a roof, fixing a leaky pipe, or replacing an alternator in a car, it's better to have an expert do it. This is especially true because, unlike those three examples, you could end up going to jail, paying heavier fines, and - if you're convicted of a felony - losing the right to carry a firearm and losing, temporarily or permanently, your right to vote.
If you insist on going forward on your own, know that you'll often get the answer to your motion on the morning of your hearing or trial, usually conveyed to you orally by a police officer or the ACA. That means you don't have much time to prepare. More reason to get a professional involved.
Re: Rules of discovery in Fairfax District court
Posted by:
Been There and Won
()
Date: February 06, 2014 11:49AM
If you're the accused, definitely go talk to several attorney's NOW.
As you've read above, discovery in VA is thin to non-existent.
The prosecution can bring up anything they want in court without advance notice to you and your attorney.
The system is geared toward keeping you and your attorney in the dark and making convictions.
The prosecutor talks to the jury first and last, ALWAYS. The police can do as much (or more importantly AS LITTLE) investigation as they choose without regard to cost. They have the finances of the state on their side and you have a limited budget.
The prosecutor might have a responsibility on paper to ensure you don't get railroaded, but in practice that doesn't mean anything. They are assigned far too many cases, given each case way too late, and have far too little time for each case to adequately police the police and ensure a fair process. Your attorney can only hope to catch them slipping and hope an appeal is granted.
The police can and do lie on the stand. This is widely known in the court community and nothing will ever be done about it. Almost no one is ever prosecuted for perjury and certainly no cops will be.
As you've read above, discovery in VA is thin to non-existent.
The prosecution can bring up anything they want in court without advance notice to you and your attorney.
The system is geared toward keeping you and your attorney in the dark and making convictions.
The prosecutor talks to the jury first and last, ALWAYS. The police can do as much (or more importantly AS LITTLE) investigation as they choose without regard to cost. They have the finances of the state on their side and you have a limited budget.
The prosecutor might have a responsibility on paper to ensure you don't get railroaded, but in practice that doesn't mean anything. They are assigned far too many cases, given each case way too late, and have far too little time for each case to adequately police the police and ensure a fair process. Your attorney can only hope to catch them slipping and hope an appeal is granted.
The police can and do lie on the stand. This is widely known in the court community and nothing will ever be done about it. Almost no one is ever prosecuted for perjury and certainly no cops will be.