When am I allowed to see evidence that was presented to a grand jury in order to issue a warrant for my arrest?

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When am I allowed to see evidence that was presented to a grand jury in order to issue a warrant for my arrest?

Supposedly a detective has video andaudio evidence of me giving someone a Suboxone – I was arrested and released on O.R. I go to my 1st court appearance next week and this detective wants to speak with me privately. I think that he’s trying to scare me into setting someone up and I really can’t imagine what he could possibly have. I would like to know what he has before I speak with him if I decide to meet with him “privately”. Can I see this evidence before court?

Asked on December 19, 2010 under Criminal Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would strongly suggest that you seek help from an attorney.  Were you offered an attorney when you were arraigned?  You should have been.   And do not speak with the detective alone for any reason what so ever.  There are certain rules of discovery and the evidence presented against you will have to be disclosed to you and to your attorney.  At that point in time your attorney would be able to evaluate the case against you.  Only an attorney in the Virginia area can tell you what the rules of civil procedure are and how they will apply here.  Get help and remember: do not talk to the detective without an attorney.  Good luck.


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