I'm in Virginia.. I was offered a plea deal on drug possession charge and it's based on a search warrant that was obtained solely on the word of an informant with no police collaboration. Can I still file a motion to suppress evidence
In Virginia, you may file a motion to suppress evidence if you believe the search warrant was not supported by probable cause. Courts generally require corroboration of an informant's information.
Would you like information on how to file this motion or details about the nearest court?
Virginia State Courts
Website: www.vacourts.govDo you have an attorney, or are you looking for more general guidance on this process?
I have a public defender. I also know this informant was and still is in a relationship with a known drug dealer who is recently incarcerated on probation violations and he has a felony for drug distribution of the same drug I'm charged with.
In Virginia, you can file a motion to suppress evidence if the search warrant was not based on probable cause and lacked police corroboration.
Virginia State Courts
Website: www.vacourts.gov
Would you like to know the steps to file this motion or need more information about the nearest court? No, I was just wondering if I can still file a motion
Yes, you can still file a motion to suppress evidence in Virginia. Given the circumstances you described, it may be worth discussing this with your public defender to strategize the best approach.
Would you like information on the specific steps to file this motion?
Sure, the information I have the better prepared I can be.
Certainly, Barbara. Here are the steps to file a motion to suppress evidence in Virginia:
*. **Draft the Motion**:
- Clearly state the grounds for suppression.
- Include facts and legal arguments supporting your claim.
*. **File the Motion**:
- Submit the motion to the court where your case is being heard.
*. **Serve the Motion**:
- Provide a copy to the prosecution.
*. **Attend the Hearing**:
- Be prepared to present your arguments.
Virginia State Courts
Website: [www.vacourts.gov](www.vacourts.gov)Would you need any further guidance on preparing the motion or details about court procedures?
Not at this time, thank you
You're welcome, Barbara. If you have any further questions or need assistance in the future, feel free to reach out. Best of luck with your case!
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