Alleghany Regional Jail Criminal Court Process
Criminal Court Process for Alleghany County Virginia
Alleghany County sits in the Alleghany Highlands along Interstate 64, and its government offices are in Covington, an independent city that the county surrounds and that also serves as the county seat. The county and the City of Covington share one set of courts in the courthouse at 266 West Main Street: the Alleghany Circuit Court and the Alleghany General and Juvenile and Domestic Relations District Combined Court, both part of the 25th Judicial Circuit. A single elected Commonwealth's Attorney prosecutes crimes from both the county and the city, and a single sheriff serves both. Adults who are not released after arrest are held at the Alleghany County Regional Jail, run by the Sheriff's Office next to the courthouse.
The City of Covington. Covington is a separate locality with its own city council and its own police force, the Covington Division of Police, but for criminal cases it is joined to Alleghany County at almost every step. Arrests by Covington officers go to the same magistrate, the same combined district court, the same Circuit Court, the same Commonwealth's Attorney and the same jail as arrests made by deputies in the county. The Sheriff's office title reflects this: voters in both localities elect one Sheriff for Alleghany County and Covington.
- Alleghany Circuit Court (felonies, jury trials and misdemeanor appeals for Alleghany County and the City of Covington), Courthouse, 266 West Main Street, P.O. Box 670, Covington, VA 24426; Clerk (540) 965-1730
- Alleghany General and Juvenile and Domestic Relations District Combined Court (misdemeanors, traffic, preliminary hearings, juvenile and family cases), 266 West Main Street, P.O. Box 139, Covington, VA 24426, (540) 965-1720
- Magistrate, Alleghany office (serves the county and Covington), 268 West Main Street, Covington, VA 24426, (540) 965-1778
- Commonwealth's Attorney for Alleghany County and the City of Covington, 266 West Main Street, Covington, VA 24426, (540) 965-1740
- Alleghany County–Covington Sheriff's Office, 268 West Main Street, Covington, VA 24426, (540) 965-1770
- Covington Division of Police, 333 West Locust Street, Covington, VA 24426, (540) 965-6333
- Clifton Forge Police Department, Main Street, Clifton Forge, VA 24422, (540) 863-2513 (weekday office line; after hours, Sheriff's dispatch at (540) 965-1770)
- 25th District Court Service Unit, Covington office (juvenile intake), Courthouse, 266 West Main Street, Covington, VA 24426, (540) 965-1710
- Alleghany County Regional Jail, 268 West Main Street, Covington, VA 24426, through the Sheriff's Office at (540) 965-1770
- Court-appointed counsel: no state public defender office covers Alleghany County or Covington; the judge appoints a private lawyer from the court's list. Ask the district court clerk at (540) 965-1720.
Which court hears your case. A misdemeanor or traffic charge from the county, Clifton Forge, Iron Gate or the City of Covington is tried on the general district side of the Alleghany Combined Court, where a judge decides the case without a jury; a person found guilty has 10 days to appeal to the Alleghany Circuit Court and get a completely new trial, this time with the option of a jury. When the person accused of assault or another offense is a family or household member of the alleged victim, or when a juvenile is involved, the case belongs to the juvenile and domestic relations side of the same combined court. Felonies start with a preliminary hearing in the combined court (on the JDR side if the victim is a family member) and, once a grand jury returns an indictment, are tried in the Alleghany Circuit Court.
Where pretrial inmates are held. The Sheriff operates the Alleghany County Regional Jail at 268 West Main Street in downtown Covington, a short walk from the courtrooms. It houses adults arrested anywhere in Alleghany County, including the towns of Clifton Forge and Iron Gate, and in the City of Covington, whether they are waiting for a bond to be posted, waiting for trial, or serving a local sentence. For custody questions, call the Sheriff's Office at (540) 965-1770.
- Courts in Alleghany County (circuit, general district, and juvenile and domestic relations courts)
- Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
- Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
- Violent felony (for example, murder, rape, robbery)
- Juveniles (under 18) arrested in Alleghany County
- Federal cases (U.S. District Court) from Alleghany County
Courts in Alleghany County (circuit, general district, and juvenile and domestic relations courts)
Virginia does not have municipal, town or mayor's courts, so no town in the Highlands runs a court of its own. Charges brought by the police in the towns of Clifton Forge and Iron Gate, by deputies anywhere in the county, and by Covington police officers inside the city all go to the courts listed below, which sit together in the Covington courthouse.
Courts and clerks
- Alleghany Circuit Court, 266 West Main Street, P.O. Box 670, Covington, VA 24426; Clerk of Court (540) 965-1730; judges' chambers (540) 965-1738. The clerk's office keeps hours of 8:30 a.m. to 4:30 p.m.
- Alleghany General and Juvenile and Domestic Relations District Combined Court, 266 West Main Street, P.O. Box 139, Covington, VA 24426, (540) 965-1720. One clerk's office, open 8:00 a.m. to 4:00 p.m., handles criminal, traffic and juvenile matters for both the county and Covington.
Magistrate and juvenile intake
- Magistrate, Alleghany office, 268 West Main Street, Covington, VA 24426, (540) 965-1778. Magistrates of the 25th District issue warrants and make the first bail decision at any hour, in person or by video.
- 25th District Court Service Unit, Covington office, 266 West Main Street, Covington, VA 24426, (540) 965-1710
Prosecutor, defense and law enforcement
- Commonwealth's Attorney for Alleghany County and the City of Covington, 266 West Main Street, Covington, VA 24426, (540) 965-1740
- Court-appointed lawyers: the Virginia Indigent Defense Commission does not have a public defender office for this area, so the combined court or the Circuit Court appoints private attorneys; financial forms are kept by the clerk at (540) 965-1720.
- Alleghany County–Covington Sheriff's Office (county patrol, courthouse security, the jail), 268 West Main Street, Covington, VA 24426, (540) 965-1770
- Covington Division of Police, 333 West Locust Street, Covington, VA 24426, (540) 965-6333
- Clifton Forge Police Department, Main Street, Clifton Forge, VA 24422, (540) 863-2513
- Iron Gate: calls from the town go through the Sheriff's dispatch center at (540) 965-1770.
Clifton Forge was an independent city until 2001, when it gave up city status and became a town inside Alleghany County, which is why older records may refer to a separate Clifton Forge court. Today all of its cases are filed in Covington.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Many misdemeanors in the Highlands begin with a summons that the officer hands over at the scene, with no trip to jail at all. A custodial arrest, which is common in DUI and domestic cases, follows a set routine.
Arrest, the magistrate and release
The officer brings the person before the magistrate at 268 West Main Street, who decides whether there is probable cause, issues the warrant, and chooses among release on recognizance, an unsecured bond, or a secured bond paid in cash or posted through a licensed bondsman. A person who cannot meet the terms is booked into the Alleghany County Regional Jail next door. Since 2021 there is no presumption against release for any offense, so the magistrate looks at flight risk and danger. A judge of the combined court can review the magistrate's decision at a bond hearing, and that ruling can be appealed to the Circuit Court.
First appearance and the lawyer question
At the advisement, held the next day the court sits for a person in custody, the judge explains the charge and asks whether the defendant will hire a lawyer, wants one appointed, or will proceed alone. Because no public defender serves Alleghany County or Covington, the judge appoints a private attorney from the court's list for a defendant who qualifies and faces possible jail. The clerk at (540) 965-1720 has the financial statement form. The Commonwealth's Attorney prosecutes the case.
Penalties for the example charges
- Petit larceny (property worth less than $1,000): Class 1 misdemeanor, with up to 12 months in jail and a fine of up to $2,500.
- First DUI: Class 1, with a mandatory $250 minimum fine, mandatory jail of 5 days for a BAC from 0.15 to 0.20 and 10 days above 0.20, a one-year license revocation (a restricted license with an ignition interlock may be allowed), enrollment in VASAP, and a 7-day administrative suspension at arrest.
- Assault and battery: Class 1. Against a family or household member it is heard on the JDR side, a first offender may qualify for a deferred disposition, and a third family-assault conviction can be charged as a felony.
- Trespass: Class 1. Lesser misdemeanors are Class 2 (up to 6 months and $1,000), Class 3 (fine up to $500) and Class 4 (fine up to $250).
The judge alone decides guilt in district court. Outcomes include dismissal, a deferred disposition for first offenders, a fine, a suspended sentence with probation, or active jail time. The 10-day appeal to the Circuit Court brings a fresh trial. Most cases wrap up within one to three months, and an appeal adds several more. Some charges and convictions can later be sealed under Virginia law.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Felony arrests in the Highlands frequently involve drugs carried along Interstate 64, thefts from homes and camps, and break-ins in Clifton Forge and Covington. The same Commonwealth's Attorney handles them whether the arrest was made in the city or the county.
Step by step
- Magistrate. Felony warrants and the first bail decision come from the Alleghany magistrate's office. If release is denied or the bond cannot be posted, the person stays at the Alleghany County Regional Jail.
- Advisement. The combined district court tells the defendant the charge and appoints counsel from its list when the person cannot afford a lawyer.
- Preliminary hearing. A district court judge decides whether there is probable cause; a finding of probable cause sends, or certifies, the charge to the grand jury. The prosecutor may also skip this step by asking the grand jury for a direct indictment.
- Grand jury and arraignment. An indictment moves the case into the Alleghany Circuit Court, where the defendant is arraigned and a trial date is set.
- Plea or trial. Most felonies end with a plea agreement. At trial, 12 jurors must agree unanimously; the judge imposes sentence unless the defendant asks for the jury to do it, and Virginia's voluntary sentencing guidelines are consulted.
What the example charges carry
- Grand larceny ($1,000 or more): a prison range of 1 to 20 years, though the judge or jury may instead impose a jail term of 12 months or less.
- Burglary: breaking into a dwelling at night is a Class 3 felony (5 to 20 years) and a Class 2 felony if armed; other statutory burglaries reach up to 20 years.
- Drug possession of a Schedule I or II substance: Class 5, which allows 1 to 10 years in prison or a jail term of no more than 12 months. Distribution or possession with intent: 5 to 40 years on a first offense, with mandatory minimums for large quantities. Adults 21 and older may possess up to an ounce of marijuana, but selling it is still a crime.
- Malicious wounding: Class 3. Unlawful wounding, without malice, is Class 6 (1 to 5 years, or up to 12 months in jail).
Under Code §19.2-243, trial must generally begin within 5 months of the probable cause finding for a jailed defendant and within 9 months for one who is free, with exceptions. Parole does not apply to felonies committed since January 1, 1995, though earned sentence credits can reduce the time served. Prison terms longer than 12 months are served in the Virginia Department of Corrections. A typical Alleghany felony takes four months to a year.
Violent felony (for example, murder, rape, robbery)
Serious violent cases are uncommon in Alleghany County and Covington, and investigations often bring in the Virginia State Police alongside the Sheriff's Office or city police. Release before trial is harder to get in these cases: the magistrate or judge weighs danger to the community and the risk of flight, and a defendant who is refused bond can wait months at the Alleghany County Regional Jail before trial.
- Aggravated murder (formerly capital murder): Class 1, punished by life imprisonment, because Virginia ended the death penalty in 2021. Specially qualified defense counsel is assigned in these cases.
- First-degree murder: Class 2, 20 years to life. Second-degree murder: 5 to 40 years.
- Rape: 5 years to life.
- Robbery: 5 years to life, depending on the facts and any weapon.
- Aggravated malicious wounding: Class 2, 20 years to life.
These cases follow the same felony path, from preliminary hearing through indictment to a Circuit Court jury, but they involve more forensic evidence, expert witnesses and motions, so one to two years from arrest to verdict is common. The Commonwealth's Attorney's victim/witness program keeps victims informed under the Crime Victim and Witness Rights Act, including notice of hearings and a chance to speak before sentencing. A defendant who cannot afford a lawyer receives a court-appointed one, as with any other charge.
Juveniles (under 18) arrested in Alleghany County
When a child under 18 is accused of a crime in Alleghany County or the City of Covington, the case goes to the juvenile and domestic relations side of the Alleghany Combined Court at 266 West Main Street, (540) 965-1720.
Intake
The 25th District Court Service Unit, whose Covington office is in the courthouse ((540) 965-1710), screens each complaint. The intake officer can divert a minor first offense to a community program, file a petition that starts a court case, or approve detention when the youth is considered a danger or a flight risk. The Commonwealth's Attorney prosecutes juvenile cases in court.
Detention
Youths from the Highlands who must be held are taken to the Shenandoah Valley Juvenile Center, 300 Technology Drive, Staunton, VA 24401, (540) 886-0729, roughly 70 miles east. A detention hearing must take place within 72 hours, or on the next day the court sits, and the judge can release the child to a parent with conditions. A child is entitled to a lawyer, and the court appoints one when the family has not hired counsel.
Possible outcomes
- Diversion, dismissal, or probation with conditions such as school attendance, counseling, community service or restitution.
- Commitment to the Department of Juvenile Justice for serious or repeated offenses, served at Bon Air Juvenile Correctional Center or in a community placement.
- Trial as an adult: a child 14 or older charged with certain serious felonies may be transferred to the Alleghany Circuit Court after a transfer hearing. For the gravest charges, such as murder or aggravated malicious wounding, the Commonwealth's Attorney may be able to certify a 16- or 17-year-old for adult trial following a preliminary hearing.
In most cases, juvenile court records are kept confidential.
Federal cases (U.S. District Court) from Alleghany County
Alleghany County and the City of Covington belong to the Roanoke Division of the U.S. District Court for the Western District of Virginia. Federal charges from the Highlands are heard in the Richard H. Poff Federal Building in Roanoke, about an hour's drive southeast on Interstate 64 and Interstate 81.
- U.S. District Court Clerk, Roanoke Division, 210 Franklin Road SW, Room 540, Roanoke, VA 24011, (540) 857-5100
- U.S. Attorney's Office, Western District of Virginia (main office in Roanoke), P.O. Box 1709, Roanoke, VA 24008, (540) 857-2250
- Federal Public Defender, Roanoke office, 210 First Street SW, Suite 400, Roanoke, VA 24011, (540) 777-0880; private attorneys on the Criminal Justice Act panel take conflict cases
When a case becomes federal
Federal prosecutors in Roanoke typically take Highlands cases involving methamphetamine or opioid trafficking, guns possessed by people with felony convictions, bank robbery, online child exploitation, and fraud. Large parts of the county lie in the George Washington and Jefferson National Forests, and Gathright Dam at Lake Moomaw is a U.S. Army Corps of Engineers project, so crimes on that federal land can also be charged in federal court. The FBI, DEA, ATF and the Forest Service are among the investigating agencies.
How the case moves
After arrest, the defendant appears before a U.S. magistrate judge, is told the charges, and has counsel appointed if eligible. Unlike state court, there is no money bond posted through a bondsman; under the Bail Reform Act the judge either releases the person on conditions monitored by U.S. Pretrial Services or orders detention, usually after a hearing held within three court days. A defendant charged by complaint must be indicted by a grand jury within 30 days, and the Speedy Trial Act sets a 70-day clock for trial, though continuances are common. Most defendants plead guilty. A trial uses a 12-person jury whose verdict must be unanimous.
Sentencing follows a presentence report and the advisory federal Sentencing Guidelines, along with any mandatory minimum. There is no federal parole, so prisoners serve about 85 percent of the sentence in the Bureau of Prisons before a period of supervised release. Appeals go to the U.S. Court of Appeals for the Fourth Circuit in Richmond.
Locating a federal prisoner
Search the Federal Bureau of Prisons inmate locator by name or register number. A defendant held before trial in a local or regional jail under a U.S. Marshals contract can turn up on that facility's inmate list as well. Federal charges against juveniles are rare, and almost all youth cases from the county stay in state court.
This page summarizes criminal court procedure in Alleghany County and the City of Covington for general information only; it is not legal advice, and court schedules and local practices change. Anyone facing a charge should talk with a criminal defense attorney. To ask for a court-appointed lawyer, tell the magistrate or the judge at the first appearance, or call the Alleghany Combined Court clerk at (540) 965-1720; for questions about a person in custody, call the Sheriff's Office at (540) 965-1770.
Criminal Court Process for Alleghany County Virginia
Alleghany County Virginia Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the Virginia Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in this Virginia County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Virginia, county, or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in magistrate or Virginia county or city court on a certain date. In cases involving more serious crimes, the person is usually placed in the county or regional jail until an arraignment, or a judge decides the next step.
Booking is when the Virginia sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Virginia, county, or a city or town. The prosecuting attorney for the Virginia county or the district is called the Commonwealth’s Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a magistrate court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the magistrate court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.
Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Virginia county, city or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the city, county or regional jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the county, city, or municipal court sets bail. Judges in Virginia rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays a percentage of the amount to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in Virginia or the jurisdiction. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than Virginia.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in the local jurisdiction, and it must be worth at least the amount of the bond.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
The State of Virginia pays for and maintains public defenders’ offices throughout the state. To locate an indigent defense attorney, click on your region in the map at the following link
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. This website offers help in locating legal aid. This link will take you to Pro Bono contacts in the State of Virginia.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help in Virginia.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There are three U.S. federal district courts in Virginia, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
Virginia Misdemeanor vs Felony
In Virginia, misdemeanors are divided into 4 classes. Examples of misdemeanors are trespassing, simple assault, petty theft and shoplifting.
- Class 1 is the most serious and punishable by up to one year and/or a fine up to $2500.
- Class 2 misdemeanor is punishable by up to 6 months and/or a fine of up to $1000.
- Class 3 misdemeanor holds no jail time and a fine of up to $500.
- Class 4 carries a fine of up to $250.
A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
In Virginia, felonies are divided into 6 classes.
- Class 1 is the most serious and is punishable by life in prison without parole and up to $100,000 fine.
- Class 2 is punishable by 20 years to life in prison and up to $100,000 fine.
- Class 3 is punishable by 5-20 years in prison and up to a $100,000 fine.
- Class 4 is punishable by 2-10 years in prison and up to a $100,000 fine.
- Class 5 is punishable by 1-10 years in prison and/or a fine up to $2500.
- Class 6 felonies are punishable by either 1-5 years in prison or jail up to 12 months and/or a fine of up to $2500.
The Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Virginia county Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Virginia Criminal Court System - How it Works
In Virginia, there are 32 regions called “districts” and within each district, and for criminal matters there is a circuit court, a district court, a juvenile court and a court of appeals. Because there are 95 counties in Virginia, each of the districts has more than one county a defendant might need to be seen in another county where the courthouses are located.
In Virginia, there is also a Supreme Court and Magistrate Courts.
Magistrate courts are the courts where the police are most likely to take the arrested. Magistrate courts operate day and night and handle bail hearings. Magistrate court judges can sign arrest and search warrants, summonses and emergency protective and custody orders.
Virginia General District Courts handle all misdemeanors and offenses that are violations of ordinances, traffic laws and laws of the county or city where the court is located. The general district court also conducts preliminary hearings for felony cases to determine whether the case should proceed to a grand jury hearing in circuit court.
Virginia Circuit Court conducts all jury trials and appeals from district courts. If a case is appealed from the district court, the case is heard as if it was the first time.
Virginia Juvenile District Courts handle juvenile matters for individuals under the age of 18. The following link will take you to the juvenile court website for your county.
Specialty Courts serve people who would benefit from alcohol, drug and other rehabilitative services. The State of Virginia has specialty court programs for behavioral health, drug court and Veterans treatment. Click on the links to find out more about each specialty program:
Behavioral Health
Drug Court
Veterans treatment
The Court of Appeals hears criminal appeal cases primarily from circuit court.
The Virginia Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Virginia State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the district courts of appeal.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Virginia state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There are three U.S. Federal Judicial Districts in Virginia.
