Virginia law § 19.2-270.4 authorizes courts to donate, destroy, or return evidence exhibits received in criminal cases after certain time periods, primarily following case finalization or exhaustion of appeals. Exceptions apply if objections are raised or if habeas corpus proceedings are ongoing. The law also allows for photographing exhibits before destruction or donation.
The court can order destruction or donation after the case is final and all appellate remedies are exhausted, typically more than one year after final judgment or appellate deadlines.
Yes, for cases concluded before July 1, 2005, the notice requirement does not apply. Also, objections with sufficient cause can prevent disposal.
No, if a habeas corpus petition is filed within the one-year period, evidence cannot be destroyed until the petition is exhausted.
Photographs of all exhibits are often made and labeled for future identification, and the order specifies the nature of the exhibits and case details.