Virginia law allows indigent defendants charged with serious offenses to request court-appointed expert assistance to aid in their defense. The process involves an ex parte hearing where confidentiality can be maintained if needed. If the court finds that expert help is essential and would ensure a fair trial, it can appoint a qualified expert for the defendant.
Indigent defendants charged with a felony or Class 1 misdemeanor who are determined to be indigent by the court are eligible to request expert assistance.
The defendant or their attorney can file a motion with the court, and if confidentiality is needed, they must declare this under oath during an ex parte hearing.
The law allows for ex parte proceedings where the defendant or attorney can declare a need for confidentiality, preventing the court from considering communications unless sworn or declared under oath.
The expert appointed under this law is compensated according to Virginia Code § 19.2-332, typically paid by the court or state funds.