2006 Code of Virginia § 19.2-266.2 - Defense objections to be raised before trial; hearing; bill of particulars

19.2-266.2. Defense objections to be raised before trial; hearing; bill ofparticulars.

A. Defense motions or objections seeking (i) suppression of evidence on thegrounds such evidence was obtained in violation of the provisions of theFourth, Fifth or Sixth Amendments to the Constitution of the United States orArticle I, Section 8, 10 or 11 of the Constitution of Virginia proscribingillegal searches and seizures and protecting rights againstself-incrimination; (ii) dismissal of a warrant, information, or indictmentor any count or charge thereof on the ground that: (a) the defendant would bedeprived of a speedy trial in violation of the provisions of the SixthAmendment to the Constitution of the United States, Article I, Section 8 ofthe Constitution of Virginia, or 19.2-243; or (b) the defendant would betwice placed in jeopardy in violation of the provisions of the FifthAmendment to the Constitution of the United States or Article I, Section 8 ofthe Constitution of Virginia; or (iii) dismissal of a warrant, information,or indictment or any count or charge thereof on the ground that a statuteupon which it was based is unconstitutional shall be raised by motion orobjection.

B. Such a motion or objection in a proceeding in circuit court shall beraised in writing, before trial. The motions or objections shall be filed andnotice given to opposing counsel not later than seven days before trial incircuit court or, if made under clause (ii) of subsection A, at such timeprior to trial in circuit court as the grounds for the motion or objectionshall arise, whichever occurs last. A hearing on all such motions orobjections shall be held not later than three days prior to trial in circuitcourt, unless such period is waived by the accused, as set by the trialjudge. The circuit court may, however, for good cause shown and in theinterest of justice, permit the motions or objections to be raised at a latertime.

C. To assist the defense in filing such motions or objections in a timelymanner, the circuit court shall, upon motion of the defendant, direct theCommonwealth to file a bill of particulars pursuant to 19.2-230. Thecircuit court shall fix the time within which such bill of particulars is tobe filed. Upon further motion of the defendant, the circuit court may, upon ashowing of good cause, direct the Commonwealth to supplement its bill ofparticulars. The attorney for the Commonwealth shall certify that the mattersstated in the bill of particulars are true and accurate to the best of hisknowledge and belief.

D. In a criminal proceeding in district court, any motion or objection asdescribed in subsection A may be raised prior to or at such proceeding. Inthe event such a motion or objection is raised, the district court shall,upon motion of the Commonwealth grant a continuance for good cause shown.

(1987, c. 710; 2005, cc. 622, 694; 2006, cc. 578, 862.)