                                 CODE OF VIRGINIA

DEFENSE OBJECTIONS TO BE RAISED BEFORE TRIAL; HEARING; BILL OF PARTICULARS (§
19.2-266.2)

A. Defense motions or objections seeking (i) suppression of evidence on the
grounds such evidence was obtained in violation of the provisions of the Fourth,
Fifth or Sixth Amendments to the Constitution of the United States or Article I,
Section 8, 10 or 11 of the Constitution of Virginia proscribing illegal searches
and seizures and protecting rights against self-incrimination; (ii) dismissal of
a warrant, information, or indictment or any count or charge thereof on the
ground that: (a) the defendant would be deprived of a speedy trial in violation
of the provisions of the Sixth Amendment to the Constitution of the United
States, Article I, Section 8 of the Constitution of Virginia, or &#xA7;
19.2-243; or (b) the defendant would be twice placed in jeopardy in violation of
the provisions of the Fifth Amendment to the Constitution of the United States
or Article I, Section 8 of the Constitution of Virginia; or (iii) dismissal of a
warrant, information, or indictment or any count or charge thereof on the ground
that a statute upon which it was based is unconstitutional shall be raised by
motion or objection.

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

C. To assist the defense in filing such motions or objections in a timely
manner, the circuit court shall, upon motion of the defendant, direct the
Commonwealth to file a bill of particulars pursuant to &#xA7; 19.2-230. The
circuit court shall fix the time within which such bill of particulars is to be
filed. Upon further motion of the defendant, the circuit court may, upon a
showing of good cause, direct the Commonwealth to supplement its bill of
particulars. The attorney for the Commonwealth shall certify that the matters
stated in the bill of particulars are true and accurate to the best of his
knowledge and belief.

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

HISTORY: 1987, c. 710; 2005, cc. 622, 694; 2006, cc. 578, 862.