Virginia evidence- Fairfax criminal defense lawyer on new district court discovery statute § 19.2-264.15 for police reports

Virginia evidence disclosure law has moved further forward for District Court matters, on balance, with the July 1, 2026, effective date of Virginia Code § 19.2-264.15, requiring commonwealth’s attorneys / prosecutors to provide the defense with requested police reports at least ten days before the date of trial or preliminary hearing. As a Fairfax criminal defense lawyer I know — as with most advances in the criminal law — that there is cost to this statute, which here is not permitting copying — versus telling the contents of — police reports to the defendant, when requested under this statute. Section 19.2-264.15(B) says otherwise in pertinent part: “[T]he attorney for the Commonwealth shall provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing. Any police report provided pursuant to this subsection shall only be provided to counsel of record for the accused and disseminated to any of such counsel’s agents or employees or an expert witness.” 

What if I want my own copy of the Virginia evidence disclosure from the Fairfax or other prosecution that includes the police reports?

Absent unusual circumstances, the Fairfax County, Virgina, Commonwealth’s Attorney’s Office is among the prosecutor’s offices in the commonwealth that already will provide police reports as prt of Virginia evidence at least ten days before your trial or preliminary hearing so long as you correctly and timely submit the prosecution the prosecutor-agreed form District Court discovery order at least twenty-five days before trial. Consequently, I will include my client on the decision whether to request the police reports pursuant to Section 19.2-264.15(B) (which deprives my client from having their own copy of the reports) or to tell the prosecutor’s office in writing that I am opting out of that code section, and, therefore will provide my client with a copy of the police reports absent a court order or written agreement otherwise from me.

What happens if the prosecutor does not comply with this new discovery rule § 19.2-264.15(B)?

What happens if the prosecutor does not comply with your written request for police report Virginia evidence under § 19.2-264.15(B)? Section § 19.2-264.15(C) answers that: “If at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with the provisions of this section, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.” On top of that, the argument can be made that when a law enforcement officer (LEO) does not produce a police report, that their notes will constitute a police report for purposes of having to disclose them in response to a criminal defendant’s § 19.2-264.15(B) request.

What other discovery is available for my District Court case?

Virginia Code § 19.2-264.15(B) is in addition to the pre-existing Virginia evidence provision rule called Va. Supreme Court Rule 7C:5, on top of all prosecutors’ obligation to provide exculpatory evidence pursuant to Brady v. Maryland, 373 U.S. 83 (1963). Talk with your criminal defense lawyer about how to approach § 19.2-264.15(B) for your defense. When I request police reports under the foregoing statute, I plan to ask the prosecution to agree to transcend that statute, by permitting my client to receive a copy of police reports provided pursuant to that statute.

Fairfax criminal defense lawyer Jonathan Katz consistently pursues your best defense against even the most challenging Virginia DUI, felony and misdemeanor prosecutions. A great start to your Virginia criminal defense is to schedule your free in-person initial confidential meeting with Jon Katz about your court-pending prosecution, by contacting us at 703-383-1100, Info@KatzJustice.com, or (text) 571-406-7268.