Middle River Regional Jail Criminal Court Process
Criminal Court Process for Augusta County Virginia
Augusta County is a large Shenandoah Valley county that surrounds, but does not include, the independent cities of Staunton and Waynesboro; in June 2026 its courts and county seat moved from downtown Staunton to a new courthouse in Verona. Three courts at 100 Dick Huff Lane hear its criminal cases: the Augusta General District Court, the Augusta Juvenile and Domestic Relations District Court and the Augusta Circuit Court, all part of the 25th Judicial Circuit. The county's own elected Commonwealth's Attorney prosecutes, and the Staunton Public Defender Office represents many people who cannot afford a lawyer. Adults who are not released after arrest are held at Middle River Regional Jail, a regional jail near Staunton that Augusta County shares with four neighbors.
- Augusta Circuit Court and Circuit Court Clerk, Augusta County Courthouse, 100 Dick Huff Lane, Verona, VA 24482, (540) 245-5321
- Augusta General District Court (criminal and traffic), 100 Dick Huff Lane, Suite 1070, Verona, VA 24482, (540) 245-5300
- Augusta Juvenile and Domestic Relations District Court, 100 Dick Huff Lane, Suite 2141 (2nd floor), Verona, VA 24482, (540) 245-5306
- Magistrate, Augusta office, 127 Lee Highway, Verona, VA 24482, (540) 245-5015; a second 25th District magistrate office works inside Middle River Regional Jail, (540) 245-5420, ext. 1196
- Augusta County Commonwealth's Attorney, (540) 245-5313
- Staunton Public Defender Office (serves Augusta County), 26 Byers Street, Staunton, VA 24401, (540) 332-7845
- Augusta County Sheriff's Office, 127 Lee Highway, Verona, VA 24482 (mail: P.O. Box 860), (540) 245-5333
- 25th District Court Service Unit (juvenile intake), 100 Dick Huff Lane, Suite 2101, Verona, VA 24482, (540) 245-5315
- Middle River Regional Jail, 350 Technology Drive, Staunton, VA 24401, (540) 245-5420
Which court hears your case. Misdemeanors and traffic offenses charged in Augusta County are tried by a judge, with no jury, in the Augusta General District Court; a person convicted there has 10 days to appeal to the Augusta Circuit Court, where the case is heard again from the beginning and a jury can be requested. The Augusta Juvenile and Domestic Relations District Court takes charges against anyone under 18, along with assaults and other offenses where the accused and the alleged victim are family or household members, and offenses involving juveniles. Felonies start with a preliminary hearing in the general district court (or in the JDR court when the victim is a family member) and, once a grand jury returns an indictment, are tried in the Augusta Circuit Court.
Where pretrial inmates are held. Augusta County no longer keeps a jail of its own. Its prisoners go to Middle River Regional Jail, 350 Technology Drive, Staunton, VA 24401, (540) 245-5420, run by the Middle River Regional Jail Authority for Augusta County, Staunton, Waynesboro, Harrisonburg and Rockingham County. The jail sits just off Interstate 81 in the Staunton area, a short drive from the Verona courthouse. A magistrate works in the jail, so an arrested person often has the first bail hearing there; the jail or the Augusta County Sheriff's Office at (540) 245-5333 can say whether someone is in custody.
- Courts in Augusta 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 Augusta County
- Federal cases (U.S. District Court) from Augusta County
Courts in Augusta County (circuit, general district, and juvenile and domestic relations courts)
Virginia has no municipal, town or mayor's courts, so nothing smaller than the county court system hears criminal charges here. Charges from the town of Craigsville, from the Augusta County part of the town of Grottoes, and from communities such as Fishersville, Stuarts Draft, Verona, Weyers Cave, Churchville and Mount Sidney all go to the Augusta County courts in Verona. Cases that arise inside Staunton or Waynesboro are different: those cities are separate localities with their own courts, even though they sit in the middle of the county.
For generations the Augusta courts sat on Johnson Street in downtown Staunton. The county opened its new courthouse in Verona in June 2026 and moved the county seat with it, so older papers, signs or letters that point to Staunton addresses are out of date. If a summons lists an old location, call the clerk's office to confirm where to go.
The three courts
- Augusta General District Court (misdemeanors, traffic, preliminary hearings, bond hearings), 100 Dick Huff Lane, Suite 1070, Verona, VA 24482, (540) 245-5300; clerk's office open 8:30 a.m. to 4:30 p.m.
- Augusta Juvenile and Domestic Relations District Court, 100 Dick Huff Lane, Suite 2141, Verona, VA 24482, (540) 245-5306; clerk's office open 8:00 a.m. to 4:00 p.m.
- Augusta Circuit Court and Clerk of the Circuit Court (felony trials, grand jury, appeals from the district courts), Augusta County Courthouse, 100 Dick Huff Lane, Verona, VA 24482, (540) 245-5321; clerk's office open 8:30 a.m. to 4:30 p.m.
Magistrates, intake and prosecution
- Magistrate, Augusta office, 127 Lee Highway, Verona, VA 24482, (540) 245-5015
- Magistrate office at Middle River Regional Jail, 350 Technology Drive, Staunton, VA 24401, (540) 245-5420, ext. 1196
- 25th District Court Service Unit (juvenile intake and probation), 100 Dick Huff Lane, Suite 2101, Verona, VA 24482, (540) 245-5315
- Augusta County Commonwealth's Attorney (prosecutes county cases and runs a Victim/Witness program), (540) 245-5313
Defense lawyers
- Staunton Public Defender Office, 26 Byers Street, Staunton, VA 24401, (540) 332-7845. This Virginia Indigent Defense Commission office serves Augusta and Rockbridge counties and the cities of Staunton, Waynesboro, Lexington and Buena Vista. If the office cannot take a case because of a conflict, the Verona judges assign a private attorney who accepts court appointments.
Law enforcement
- Augusta County Sheriff's Office (the county has no county police department), 127 Lee Highway, Verona, VA 24482, (540) 245-5333
- Craigsville Police Department, 18 Hidy Street, Craigsville, VA 24430, (540) 997-5935
- Grottoes Police Department, 601 Dogwood Avenue, Grottoes, VA 24441, (540) 249-5707 (most of Grottoes lies in Rockingham County, whose courts hear charges from that side of the town line)
- State Police arrests on Interstates 64 and 81 inside the county are filed in Verona as well.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Arrest and the magistrate. A deputy or officer who makes a misdemeanor arrest brings the person before a magistrate, either at the Verona office or at the magistrate's desk inside Middle River Regional Jail; the hearing is often done by video. The magistrate issues the warrant and decides on release. Most people charged with a misdemeanor go home on a personal recognizance promise or an unsecured bond, which costs nothing unless the person later misses court. A secured bond means cash or a licensed bail bondsman must put up the money first. Someone who stays locked up can ask an Augusta General District Court judge for a bond hearing, and a denial can be taken to the Circuit Court. For many minor offenses the officer simply writes a summons instead of making an arrest.
First court date. A person held in jail usually sees a judge on the next day the court sits, often by video from the jail. At this advisement the judge reads the charge, asks whether the defendant has a lawyer or wants one, and sets a trial date. Anyone facing possible jail who cannot pay a lawyer fills out a financial statement; if the judge finds the person eligible, the Staunton Public Defender Office is usually appointed. You can also ask the general district court clerk at (540) 245-5300 about the form before the hearing.
Penalties. Virginia misdemeanors come in four classes. The most serious, Class 1, can mean as long as a year in jail and a fine as high as $2,500; a Class 2 offense is capped at six months and $1,000, while Class 3 ($500) and Class 4 ($250) offenses are punished by a fine alone. Petit larceny (property worth less than $1,000), assault and battery, and trespass are all Class 1 offenses. When the person accused of assault and battery is a family or household member of the alleged victim, the case is heard in the Augusta Juvenile and Domestic Relations District Court instead; a first offender may be offered a deferred disposition, while a third conviction for family assault can be charged as a felony.
A first DUI. In the Augusta General District Court, a first-offense DUI is prosecuted as a Class 1 misdemeanor, and the judge must impose a fine of no less than $250. If the blood alcohol level was 0.15 to 0.20, at least 5 days in jail are mandatory; above 0.20, at least 10 days. The license is administratively suspended for 7 days at the time of arrest, and a conviction brings a one-year revocation, though the judge can allow a restricted license with an ignition interlock. The court also orders the Virginia Alcohol Safety Action Program (VASAP).
Outcomes and timing. Misdemeanor trials are bench trials before a district court judge. Results range from dismissal and deferred disposition (common for first offenders, with conditions such as classes or community service) to fines, a suspended sentence with probation, or active jail time, which is served at Middle River. An appeal must be noted within 10 days and leads to a completely new trial in the Augusta Circuit Court, where a seven-person jury is possible. Most misdemeanor cases are finished in one to three months; an appeal adds time. Down the road, some dismissed charges and certain convictions may qualify for sealing under Virginia's newer record-sealing statute.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Release decisions. After a felony arrest the magistrate weighs whether the person is likely to flee or poses a danger, then sets bail terms or holds the person without bond. Since 2021, Virginia no longer presumes that people charged with certain offenses should be held, so every case is judged on its facts. Conditions can include supervision by the local pretrial services agency. The defendant, usually through a lawyer, can ask for a bond hearing in the Augusta General District Court and appeal the result to the Circuit Court.
Preliminary hearing. At the first appearance the general district court judge appoints counsel if needed (most often the Staunton Public Defender Office) and schedules a preliminary hearing. There the Commonwealth's Attorney must show probable cause that a felony was committed and that the defendant committed it. A finding of probable cause sends (certifies) the case on to the grand jury; without one, the felony charge is dismissed, although it can be brought again. Sometimes the prosecutor skips this step by going straight to the grand jury for a direct indictment, and sometimes the defense waives the hearing as part of negotiations.
Circuit Court. Once the grand jury indicts, the case moves to the Augusta Circuit Court for arraignment, motions and either a plea or a trial. As in most Virginia localities, the large majority of Augusta felony cases are settled by plea agreement rather than trial. A defendant who goes to trial can choose a judge or a jury of 12, whose verdict must be unanimous; under a change that took effect in July 2021, sentencing belongs to the judge unless the defendant specifically requests that the jury set the punishment. Virginia's sentencing guidelines are voluntary but are prepared in every felony case. If the defendant is held in custody, trial generally must begin within 5 months of the probable-cause finding (9 months if the defendant is out on bond), with several exceptions.
Common charges and ranges.
- Grand larceny (taking property worth $1,000 or more) can bring anywhere from a year to 20 years in the penitentiary, though the judge or jury may instead impose as much as 12 months of local jail time.
- Burglary of a home at night is a Class 3 felony (5 to 20 years), or Class 2 if the person was armed; most other statutory burglary charges, such as breaking into a shed or a business, can bring as long as 20 years.
- Possession of a Schedule I or II drug, such as heroin, cocaine or methamphetamine, is a Class 5 felony (1 to 10 years, or up to 12 months in jail). Distribution or possession with intent to distribute carries 5 to 40 years for a first offense, with mandatory minimums for large amounts. Possessing an ounce or less of marijuana is legal for people 21 or older; sales outside the licensed system remain criminal.
- Malicious wounding is a Class 3 felony; the lesser charge of unlawful wounding (no proof of malice) is a Class 6 felony with 1 to 5 years in prison or a jail term of up to a year.
Sentences and timeline. For any felony committed since the start of 1995, Virginia offers no parole, although credits earned in custody can reduce some terms. Sentences longer than 12 months are served in the Virginia Department of Corrections, while shorter terms stay at the regional jail. A typical felony case in Augusta County takes four months to a year. A person convicted in Circuit Court can appeal to the Court of Appeals of Virginia, which hears criminal appeals as a matter of right.
Violent felony (for example, murder, rape, robbery)
Violent felonies travel the same road as other felony charges in the county, from the magistrate to the Verona district court and then the grand jury and Circuit Court, but with far more at stake.
Custody. People charged with homicide, rape or armed robbery are often held at Middle River Regional Jail without release, or released only on a high secured bond with strict conditions such as GPS monitoring and no contact with the alleged victim. The defense can still ask the district court judge, and then the Circuit Court, to reconsider.
Penalties under Virginia law.
- Aggravated murder (formerly capital murder) is a Class 1 felony punished by life imprisonment; Virginia ended the death penalty in 2021.
- First-degree murder, a Class 2 felony, brings a term of 20 years up to life; a second-degree murder conviction means 5 to 40 years.
- Rape is punishable by 5 years to life.
- Robbery also carries 5 years to life, with additional mandatory time if a firearm was used.
- Aggravated malicious wounding, which involves permanent and significant injury, is punished as a Class 2 felony.
How these cases move. Expect several months between the preliminary hearing and indictment, and then extensive pretrial work: forensic testing, expert witnesses, and motions over statements and evidence. Serious violent cases commonly take one to two years to resolve.
Victims. Victims and their families have rights under Virginia's Crime Victim and Witness Rights Act, including notice of hearings and the chance to give an impact statement before sentencing. The Augusta County Commonwealth's Attorney's Victim/Witness program, reached through (540) 245-5313, explains the process and helps with protective orders and restitution.
Juveniles (under 18) arrested in Augusta County
Intake. Charges against anyone under 18 belong to the Augusta Juvenile and Domestic Relations District Court in Verona. Before a case reaches a judge, an intake officer with the 25th District Court Service Unit, 100 Dick Huff Lane, Suite 2101, (540) 245-5315, reviews the complaint. The officer may handle a minor first offense through diversion (an agreement with conditions, without a court petition), file a petition so the case goes to court, or, for serious charges or a youth considered a risk, approve detention. The Augusta County Commonwealth's Attorney prosecutes the cases that go forward.
Detention. A young person ordered held is taken to the Shenandoah Valley Juvenile Center, 300 Technology Drive, Staunton, VA 24401, (540) 886-0729, which serves Augusta County, Staunton, Waynesboro and other Valley localities. A JDR judge must hold a detention hearing within 72 hours, normally the next day court sits, to decide whether the youth stays there or goes home, perhaps with conditions such as electronic monitoring. A youth has a right to a lawyer, and the court appoints one, often from the Staunton Public Defender Office, when the family cannot pay.
Outcomes. JDR judges hear juvenile cases without a jury. A youth found delinquent may be given a deferred finding, probation supervised by the Court Service Unit, community service, restitution, counseling or other local programs. For serious or repeated offenses the judge can commit the youth to the Department of Juvenile Justice, which places committed youths at Bon Air Juvenile Correctional Center or in a community placement.
Adult court. A child who was 14 or older and is charged with certain serious felonies can be transferred to the Augusta Circuit Court after a transfer hearing in the JDR court. For the gravest charges, such as murder or aggravated malicious wounding, a 16- or 17-year-old may be certified for adult trial by the Commonwealth's Attorney after a preliminary hearing finds probable cause. If the youth is then convicted in Circuit Court, the judge can impose the same kind of sentence an adult would face.
Records. In most cases juvenile court records are confidential and are not open to the public the way adult records are, though some serious felony matters are treated differently.
Federal cases (U.S. District Court) from Augusta County
Which court. Federal crimes from Augusta County are filed in the Harrisonburg Division of the federal court for the Western District of Virginia. Its courthouse is at 116 North Main Street, Room 314, Harrisonburg, VA 22802; clerk (540) 434-3181.
When a case becomes federal. Federal agents and prosecutors take cases that involve large-scale drug trafficking, firearms possessed by people barred from having them, bank robbery, child exploitation, and fraud schemes, often after an investigation with the Sheriff's Office or State Police. Location matters too. The western slope of Shenandoah National Park, the northern end of the Blue Ridge Parkway near Rockfish Gap and large tracts of the George Washington National Forest lie in or along Augusta County, and offenses there can be charged in federal court; minor ones (such as tickets issued by park rangers) go to petty-offense dockets before a U.S. magistrate judge.
Prosecutors and defenders. The U.S. Attorney's Office for the Western District has no Harrisonburg office; the nearest is in Charlottesville, 255 West Main Street, Room 130, (434) 293-4283, and the district's main office is in Roanoke, (540) 857-2250. Defendants who cannot afford a lawyer are represented by the Federal Public Defender, whose closest office is at 401 East Market Street, Suite 106, Charlottesville, (434) 220-3380, or by a private lawyer appointed from the Criminal Justice Act panel.
The federal process.
- Someone arrested on a federal charge from Augusta County is brought before a federal magistrate judge, usually in Harrisonburg or Charlottesville, for an initial appearance at which the charges are read and a lawyer is assigned for anyone who cannot pay.
- When prosecutors ask to keep the defendant locked up, the detention hearing generally takes place within three days the court is open. The magistrate judge then applies the Bail Reform Act, choosing between release with conditions (monitored by federal pretrial services officers) and detention until trial.
- A case started by complaint must be indicted by a grand jury within 30 days of arrest, and the Speedy Trial Act generally calls for trial within 70 days, though continuances are common.
- Most cases end in guilty pleas. Federal juries have 12 members, and a guilty verdict must be unanimous. Before sentencing, probation officers prepare a presentence report; the judge considers the advisory Sentencing Guidelines and any mandatory minimum.
- There is no federal parole; prisoners serve roughly 85% of the sentence with good-conduct credit, in the Federal Bureau of Prisons, followed by supervised release. Any appeal is heard by the Fourth Circuit Court of Appeals, which sits in Richmond.
Finding someone in federal custody. Augusta County families can check the Federal Bureau of Prisons inmate locator using the person's name or federal register number. Federal pretrial detainees from the Valley are sometimes boarded at local or regional jails under Marshals Service contracts, and a person held that way can also appear on the roster of the jail housing them. Federal prosecution of juveniles is rare; nearly all youth cases stay in the JDR court.
This guide gives general information about criminal courts in Augusta County, Virginia, and is not legal advice. Court locations, phone numbers and procedures change, so check with the court clerk before relying on them. Anyone charged with a crime should talk to a lawyer; to ask for a court-appointed attorney or the public defender, tell the magistrate or the judge at the first hearing, or call the Augusta General District Court clerk at (540) 245-5300.
Criminal Court Process for Augusta County Virginia
Augusta 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.
