Legal Question in Criminal Law in Virginia

I cannot find this information anywhere. I am supposed to go to court as a witness b/c I was attacked and sexually assaulted by a person. I wanted to know what information is the defense allowed to have? Specifically, I know they are not allowed to have the identity of the witnesses for the prosecution, but I'm hoping that they are allowed to know the number of witnesses b/c there are 4, 3 adult neighbors and my husband. Origionally they were charged with aggravated sexual battery and now after the grand jury hearing, object penetration, aggravated sexual battery & assault & battery. I'm hoping to not have to go to court and that when they find out there are so many witnesses, they will make a deal. So, what is the defense allowed to know about witnesses?


Asked on 7/08/10, 8:01 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

The assistant commonwealth's attorney in the local prosecutor's office

who has been assigned to this case is the one to contact

regarding your question on this issue.

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Answered on 7/08/10, 11:17 am
Michael Sprano The Sprano Law Firm, LLP

There is a difference between what the defense is entitled to know (not much) and what they are allowed to know (anything you or the Commonwealth wants to tell them). The prosecutor can, and often does, disclose the strength of his/her case to the defense attorney in an effort to induce a plea. One reason not to do this is if the prosecutor believes the defendant will not plead guilty to anything no matter what, so there is no benefit to be gained from sharing information.

You should contact the prosecutor and discuss your concerns with him/her. The fact that you want to avoid a trial if possible is an important consideration that should be taken into consideration during plea negotiations. It might cause the prosecutor to make a more favorable plea offer to the defendant, so you should make sure that is something you are OK with as well.

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Answered on 7/08/10, 11:27 am


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