![]() One of the most beneficial aspects filing a case in the GDC is a procedure called the 16.1-88.2 (1) Notice. Normally, they will subpoena medical records, including historical medical records, to ensure that a Plaintiff is not trying to claim some injury that was actually treated in the past.Īny subpoenaed party has the right to object by filing a Motion to Quash the subpoena. The defense attorney can use subpoenas, too. In this instance, we subpoena the entire police file, and receive the un-redacted documents to introduce at trial. However, when these documents are released, usually pursuant to a Freedom of Information Act request, they are sometimes so heavily redacted as to be un-useable. The Arlington County Police, for example, usually take statements from parties involved in car accidents. Subpoenas are also used to obtain items from police files that are usually withheld. So, once a case is filed in GDC, we send a subpoena for that camera footage, and they are required to produce it. Our office’s procedure is to send a letter demanding that they preserve the footage until a subpoena can be generated. Did you know, for example, if you have a slip and fall at, say, Target, Target will refuse to provide the Plaintiff’s Attorney with the video footage of the incident? It is true - they say it is an internal policy. Commonly, subpoenas are for documents - and at Blaszkow Legal, with more regularity, for video/camera footage. ![]() Subpoenas are written instruments commanding someone to do something. That said, an attorney does still have a powerful tool, all the same: a subpoena. In the GDC, however, there is none of this. ![]() Discovery in Circuit Court involves such things as written questions called Interrogatories, document exchanges called Requests for Production, and Requests for Admissions, where each side can ask the other to admit the truth of certain points, or the veracity of documents. It is worth nothing, that each Defendant has to file one! Discovery:Īfter these pleadings are filed, the parties are in limbo for the most part, as there is no Discovery in the General District Court. The Pleadings So Far:Īs we discussed, the case is initiated with a Warrant in Debt, and then two pleadings are filed by the parties: a Plaintiff’s Bill of Particulars, and a Defendant’s Answer/Grounds of Defense. Now, in Part 3 of our series, we march towards a Trial in the General District Court for a car accident case. In Part 2, we explained how to get the ball rolling in Virginia’s lower-level court, the GDC. Please contact us online or call our Cincinnati office directly at 51 to schedule your free consultation.In Part 1 of the "Anatomy of a Case" series, we showcased an overview of the Court System, generally, and why an attorney might advocate for taking a case to trial. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Are you or someone you know facing criminal charges? If you know, and even have proof, that you could not have been where the government says you were, then you have a viable alibi defense that may serve as a complete defense to the drug charges against you. Then, you can begin putting together where you were on that date and time. Therefore, by requesting a bill of particulars, you and your attorney can know when the act happened. You and your attorney cannot begin to put an alibi together without knowing when the government is claiming you committed the drug offense. The “when” aspect of a bill of particulars is very important especially if you claim that you did not commit the offense. To obtain information that you may not otherwise be able to get, and.A good defense attorney will file a demand for a bill of particulars in every case for a several reasons: Upon receipt of that motion, the government must then provide that bill of particulars. In order to obtain a bill of particulars, the defendant must request one through a written motion to the court. Further, the government specifies when this supposed conduct occurred. Simply stated, a bill of particulars is a document that states specifically what the government is claiming you did that constitutes a violation of the statute. It is a list, or “bill,” of details, or “particulars,” about the crime of which you have been accused. The phrase might initially sound strange, but the title is actually quite descriptive. One of the first things that your defense attorney in your drug case should do is move for something called a bill of particulars.
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