ATTORNEYS FOR THE COMMONWEALTH IN BOTH NORTHAMPTON COUNTY, VIRGINIA AND VIRGINIA BEACH, VIRGINIA ASKED WHAT ARE THEIR PROCEDURES FOR RUNNING A HONEST AGENCY; HOW THEY KEEP THEIR PROSECUTORIAL ACTIONS/CONDUCT WITHIN THE BOUNDS OF THE RULES OF THE VIRGINIA SUPREME COURT

 

 

What are your procedures [by whatever name(s) they might be called] for complying with the Rules of the Supreme Court of Virginia Part Six – Integration of the State Bar Section II. Virginia Rules of Professional Conduct
8 Additional Responsibilities Of A Prosecutor
3.8 Additional Responsibilities Of A Prosecutor
A lawyer engaged in a prosecutorial function shall:
Not file or maintain a charge before a Grand Jury or Trial Court* that the prosecutor knows is not supported by probable cause;
Not direct or encourage investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case to make an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6;
Not instruct or encourage a person to withhold information from the defense after a party has been charged with an offense; and
Make timely disclosure to counsel for the defendant, or to the defendant if he has no counsel, of the existence of evidence which the prosecutor knows tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment, except when disclosure is precluded or modified by order of a court?


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