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Virginia legal peeps -- a question about case research Login/Join 
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Picture of vthoky
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Good evening, SF. I'm helping a friend do some research on a few court cases in our area, and we've run into a snag.

In this particular case, we know the accused's name and the county with jurisdiction over the case. We have the case number and can get from that a description of the charge.

What we'd like to have now is more detail about the accusation. That is, we want the specifics on the case: what, specifically, was the defendant accused of (not just the generic charge title), and what more can we learn about it.

Seems Virginia court case info is largely online, but once we get to the case number and the generic charge, we run into a bit of a dead end.

Is there a way to find more detail about the case?

Thanks, all.




God bless America.
 
Posts: 14290 | Location: Virginia | Registered: July 15, 2007Reply With QuoteReport This Post
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FOIA the police report from the arresting agency. That would probably give you the best possible information. There will be a cost for that, and sometimes if the case is pending they will refuse to give it out.

http://law.lis.virginia.gov/va...-of-information-act/

Otherwise your best bet would be to order a transcript of any hearings where actual testimony was taken (again, at a cost).

Worst case - call the DA's office and ask to speak with the person handling the case. They may tell you nothing, but they may give you more detail than you can find online.

I am not actually located in Virginia, but the above advice should be fairly universal.
 
Posts: 1172 | Registered: July 06, 2016Reply With QuoteReport This Post
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The case appears to have been closed about three years ago.

How does one get a transcript? County courthouse?




God bless America.
 
Posts: 14290 | Location: Virginia | Registered: July 15, 2007Reply With QuoteReport This Post
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quote:
Originally posted by vthoky:
The case appears to have been closed about three years ago.

How does one get a transcript? County courthouse?


Sorry was editing my post as you posted. Yes, at the courthouse. But if it's a closed case you should be able to get the reports from the PD through FOIA with no problem as well.
 
Posts: 1172 | Registered: July 06, 2016Reply With QuoteReport This Post
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Would the PD be able to find the report by the county's case number? (This seems to be getting easier! Thank you!)




God bless America.
 
Posts: 14290 | Location: Virginia | Registered: July 15, 2007Reply With QuoteReport This Post
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quote:
Originally posted by vthoky:
Would the PD be able to find the report by the county's case number? (This seems to be getting easier! Thank you!)


Likely not, but they should easily be able to find it just by name and approximate date. Sometimes a court's online system will even show you the exact incident date.
 
Posts: 1172 | Registered: July 06, 2016Reply With QuoteReport This Post
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I will add that not all courts are transcribed. If it was a low-level misdemeanor held in a lower Court, there will probably be no record except for what was entered as judgment.




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Posts: 11477 | Location: NC | Registered: August 16, 2005Reply With QuoteReport This Post
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It's a cruelty to animals charge. I'm not sure if that fits the low-level misdemeanor description.




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Posts: 14290 | Location: Virginia | Registered: July 15, 2007Reply With QuoteReport This Post
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quote:
Originally posted by vthoky:
It's a cruelty to animals charge. I'm not sure if that fits the low-level misdemeanor description.


In some states that would be a felony. The statute seems to have different levels, some being misdemeanor some being felony:

https://vacode.org/2016/3.2/V/65/9/3.2-6570/

I agree with Chongo that there might not be (probably won't be) a transcript already on file. But the parties must have gone on the record in court at some point. Meaning that there is a verbal record of what transpired, and any member of the public would have the right to order that transcript.

It will probably be easier to start with the police report, then try the DA's office, and then try to get a transcript as a last resort.
 
Posts: 1172 | Registered: July 06, 2016Reply With QuoteReport This Post
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Sounds like we get to visit the PD this week.

Hm. Now I have to figure out if this was town PD or county Sheriff's Department activity.




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Posts: 14290 | Location: Virginia | Registered: July 15, 2007Reply With QuoteReport This Post
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quote:
Originally posted by vthoky:
Sounds like we get to visit the PD this week.

Hm. Now I have to figure out if this was town PD or county Sheriff's Department activity.


I'm not sure how advanced your Court's computer docket system is. If I tried to look up a case in my local court's computer system it would tell me the arresting agency and the incident date.
 
Posts: 1172 | Registered: July 06, 2016Reply With QuoteReport This Post
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Is it that the online info is just date, number, names?

The clerk of the court will have a paper file with the complaunt, motions, etc. A reporter's transcript isn't public. If there is one, you have to buy it from the court reporter, in Whackyland.




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Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
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If your state is all electronic, go to the courthouse and use the public computer system to look the case up. It should have the information you are looking for. If they are still paper, ask to look at the file. I would NOT order a transcript as that is very expensive. Ask to get an audio copy of the hearing(s) that you want to review. That is generally just a few dollars and will tell you what you need without having to pay a transcriber.


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Posts: 12674 | Registered: October 13, 2002Reply With QuoteReport This Post
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quote:
Originally posted by Palm:
I'm not sure how advanced your Court's computer docket system is. If I tried to look up a case in my local court's computer system it would tell me the arresting agency and the incident date.


Online I can get the case number, the charge (listed as a misdemeanor, interestingly), the code section, the offense date, and final disposition (guilty). No time served, but a heck of a fine!




God bless America.
 
Posts: 14290 | Location: Virginia | Registered: July 15, 2007Reply With QuoteReport This Post
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Typically make a public records request directly to tthe agency for any records related to (your case no., the name of the defendant, the address, etc.) At a minimum, the offense report is a publci record (at least in Ohio it is).
 
Posts: 514 | Registered: November 13, 2009Reply With QuoteReport This Post
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quote:
Originally posted by TAllen01:
Typically make a public records request directly to the agency for any records related to (your case no., the name of the defendant, the address, etc.) At a minimum, the offense report is a publci record (at least in Ohio it is).
 
Posts: 514 | Registered: November 13, 2009Reply With QuoteReport This Post
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If your courts keep paper files, you can go down to the courthouse and ask to see the file. It is a public record.

If not, you may have to get a subscription from the County Clerk (or whatever your local official in charge of the court records is called) and look it up online.

The big counties in Texas are all electronic now, but the smaller ones (and some of those are still big) still keep paper files.

You will be able to see anything filed in the court - charging instrument, motions, rulings, verdict forms, judgment, etc.

Court records are public.




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Posts: 53463 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
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