My rights to Evidence

[Shogun30]

What is the name of your state (only U.S. law)? Virginia

I am approaching the 3rd court appearance over "destruction of property", in which each parties counsel and the prosecuting attorney have been unable to arrive at agreeable terms. In an effort to just be done with this, we agreed to pay for the damage and write a letter of apology BUT required that the claimant sign a non-disclosure agreement so that he could not use the "letter of apology" as evidence to bring a civil case against me and so that he could not legally use it to rally other's to his cause.

Although they agreed to the payment and letter of apology, they would not agree to the non-disclosure. I am told by my counsel that the prosecuting attorney's growing sentiment towards the claimant and his counsel is one of frustration.

My question is as follows:

At what point in time should I or my counsel have access to the evidence?

 

[FlyingRon]

Generally, if you make restitution you get the other party to waive any subsequent civil action. On what grounds are you making a stink over the waiver of apology, just because they can't use that doesn't mean they won't prevail on a civil case.

What "evidence" are you talking about. If you're not being tried criminally and there's no current civil suit, I'm not sure what you think you need.

 

[Shogun30]

I am being tried criminally. Because the damage that he claims I did was almost $5k. This person has been harassing me and my business for over 5 years. He continues to lose most of his fights, but somehow he got this to stick.

I did not commit the crime, but because of his persistence, the ongoing personal vendetta he has against our outdoor educational youth program, and because I can be placed near the "crime" ( on my driveway that crosses his property.), this case has been taken up by the courts.

I'm willing to pay the damage, so that I dont have to pay to go to trial...what a hassle and an expense. I dont need to spend $25K for something that cost him 5K.

I thought you were innocent until proven guilty. So where is the evidence that the prosecuting attorney has that initially led them to take this case on? A person just cant go around blaming others for there problems and expect to get away with it. To my knowledge, there is a piece of plywood and the neighbor's verbal statement that "he saw me do it!". There has to be something. At what point can my counsel and I obtain the "evidence" that built the case?

 

[Shogun30]

Thanks for fast response

I am being tried criminally. Because the damage that he claims I did was almost $5k. This person has been harassing me and my business for over 5 years. He continues to lose most of his fights, but somehow he got this to stick.

I did not commit the crime, but because of his persistence, the ongoing personal vendetta he has against our outdoor educational youth program, and because I can be placed near the "crime" ( on my driveway that crosses his property.), this case has been taken up by the courts.

I'm willing to pay the damage, so that I dont have to pay to go to trial...what a hassle and an expense. I dont need to spend $25K for something that cost him 5K.

I thought you were innocent until proven guilty. So where is the evidence that the prosecuting attorney has that initially led them to take this case on? A person just cant go around blaming others for there problems and expect to get away with it. To my knowledge, there is a piece of plywood and the neighbor's verbal statement that "he saw me do it!". There has to be something. At what point can my counsel and I obtain the "evidence" that built the case?

 

[Dave1952]

You are already at trial. Prior to trial is the "discovery" period. At that time your attorney was entitled to look at all the evidence. Copies of the evidence should be in his files. Ask your attorney for this evidence.

Good luck