Virginia Motion for Transport
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FAQ
Code § 19.2-243, the speedy trial statute, provides that if a defendant accused of a felony is continuously held in custody from the time he is indicted, he must be tried within five months of the date of the indictment if there was no preliminary hearing or five months from the preliminary hearing.
Code § 19.2-266.2 applies to ?[d]efense motions or objections? that, among other things, seek the ?suppression of evidence on the grounds such evidence was obtained in violation of? the Constitution of Virginia or Constitution of the United States and requires that ?[s]uch a motion or objection . . . be raised in ...
A. If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person may appeal the decision of the judicial officer.
§ 19.2-244. Except as otherwise provided by law, the prosecution of a criminal case shall be had in the county or city in which the offense was committed.
Before every term of any court in which criminal cases are to be tried the clerk of the court shall make out a separate docket of criminal cases then pending, in the following order, numbering the same: 1. Felony cases; 2.
The circuit court is the trial court with the broadest powers in Virginia. The circuit court handles all civil cases with claims of more than $25,000. It shares authority with the general district court to hear matters involving claims between $4,500 and $25,000.
Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
