New River Valley Regional Jail Criminal Court Process
Criminal Court Process for Bland County Virginia
Bland County is a thinly populated mountain county along Interstate 77 with no incorporated towns; its courthouse sits in the unincorporated county seat of Bland. A single combined district court on Main Street handles both general district matters (misdemeanors, traffic and felony preliminary hearings) and juvenile and domestic relations matters, while the Bland Circuit Court, in the same building, tries felonies. Both belong to Virginia's 27th Judicial Circuit, and the county's own elected Commonwealth's Attorney prosecutes. Bland runs no jail; adults kept in custody go to the New River Valley Regional Jail in Dublin.
- Bland Circuit Court, 612 Main Street, Suite 104, Bland, VA 24315 (mail: P.O. Box 295); Clerk (276) 688-4562
- Bland Combined District Court (general district and juvenile and domestic relations), 612 Main Street, Suite 106, Bland, VA 24315 (mail: P.O. Box 157), (276) 688-4433
- Magistrate, Bland office, 612 Main Street, Suite 205, Bland, VA 24315, (276) 688-4641
- Bland County Commonwealth's Attorney, 654 Main Street (P.O. Box 276), Bland, VA 24315, (276) 688-3821
- Pulaski Public Defender Office (covers Bland County), 58 North Washington Avenue, Suite 200, Pulaski, VA 24301, (540) 994-5008
- Bland County Sheriff's Office, P.O. Box 449, Bland, VA 24315, (276) 688-4311
- 27th District Court Service Unit (juvenile intake), 55 Commerce Street, Pulaski, VA 24301, (540) 980-7735
- New River Valley Regional Jail, 108 Baker Road, Dublin, VA 24084, (540) 643-2000
Which court hears your case. In Bland County the general district side of the combined court tries every misdemeanor and traffic charge without a jury, and a defendant found guilty there may appeal within 10 days to the Bland Circuit Court, which hears the case fresh and can seat a jury. When the person charged and the alleged victim are family or household members, or when the accused is a juvenile, the same court sits as the Bland Juvenile and Domestic Relations District Court. Felony charges get a preliminary hearing on the general district side (the JDR side if a family member is the alleged victim) before a grand jury indictment sends them to the Bland Circuit Court for trial.
Where pretrial inmates are held. Bland County is one of seven counties, along with the City of Radford, that own and use the regional jail on Baker Road in Dublin, Pulaski County, roughly 35 miles from the Bland courthouse by Interstate 77 and Interstate 81. Deputies drive prisoners to Dublin after the magistrate commits them and return them for court dates. Custody and bond questions go to the jail at (540) 643-2000 or the Bland County Sheriff at (276) 688-4311.
- Courts in Bland 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 Bland County
- Federal cases (U.S. District Court) from Bland County
Courts in Bland County (circuit, general district, and juvenile and domestic relations courts)
Because Virginia has no municipal, town or mayor's courts, and because Bland County has no incorporated towns or town police, every criminal charge in the county, whether it arises in Bland, Bastian, Rocky Gap, Ceres or along the interstate, is filed at the courthouse complex at 612 Main Street in Bland.
The courts
- Bland Combined District Court, 612 Main Street, Suite 106, Bland, VA 24315 (mail: P.O. Box 157), (276) 688-4433; clerk's office 8:00 a.m. to 4:00 p.m. Traffic tickets, criminal warrants, protective orders and juvenile petitions are all filed at this one Bland clerk's counter.
- Bland Circuit Court, 612 Main Street, Suite 104, Bland, VA 24315 (mail: P.O. Box 295), (276) 688-4562
Magistrate and Court Service Unit
- Magistrate, Bland office, 612 Main Street, Suite 205, Bland, VA 24315, (276) 688-4641. When no magistrate is on site, one from another 27th District office handles warrants and bail by video.
- 27th District Court Service Unit, 55 Commerce Street, Pulaski, VA 24301, (540) 980-7735
Prosecutor, defense and law enforcement
- Bland County Commonwealth's Attorney, 654 Main Street (P.O. Box 276), Bland, VA 24315, (276) 688-3821
- Pulaski Public Defender Office, 58 North Washington Avenue, Suite 200, Pulaski, VA 24301, (540) 994-5008, a Virginia Indigent Defense Commission office whose territory includes Bland County
- Bland County Sheriff's Office, P.O. Box 449, Bland, VA 24315, (276) 688-4311. With no town departments, the Sheriff's Office and the Virginia State Police patrol the whole county.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
In a county the size of Bland, misdemeanor dockets are short and the same few court officials see most cases, but the legal steps match those anywhere in Virginia.
Right after an arrest
The deputy or trooper takes the arrested person to the magistrate, in person at Main Street or by video. The magistrate decides whether the facts support a warrant and what it takes to go home: a recognizance bond on the person's own promise, an unsecured bond with a dollar amount owed only on a failure to appear, or a secured bond paid in cash or through a licensed bail bondsman. Conditions such as staying away from a complaining witness are common. Virginia's 2021 changes removed the old presumption against release for certain charges, leaving the magistrate to judge flight risk and safety. A person who cannot meet the terms is taken to the New River Valley Regional Jail and can ask the district court judge to reconsider at a bond hearing.
Advisement
On the next day the Bland court is in session, an in-custody defendant is advised of the charge and of the right to counsel, usually by video link from Dublin. Anyone who faces possible jail and cannot pay a lawyer can complete a financial statement; the judge then appoints the Pulaski Public Defender Office or a private attorney from the court's list.
Penalties for the example offenses
- A charge of petit larceny (taking property worth less than $1,000), trespassing or simple assault and battery is a Class 1 misdemeanor; the judge can impose a jail term as long as a year, a fine as large as $2,500, or both.
- When the assault involves a family or household member it is heard on the JDR side, where a first offender may qualify for deferral and later dismissal; repeat family-assault convictions can turn a later charge into a felony.
- For a first DUI, the minimum fine is $250, the license is revoked for a year (with a restricted license and ignition interlock often allowed), and VASAP classes are required. A reading of 0.15 to 0.20 brings a mandatory 5 days in jail, and over 0.20 a mandatory 10. There is also a 7-day administrative license suspension at arrest.
Trial, appeal and timing
The district judge decides guilt alone. Results can include dismissal, a first-offender program, a fine, a suspended sentence with probation or jail. A defendant who disagrees with the result has 10 days to note an appeal to the Bland Circuit Court for a brand-new trial, where a seven-member jury may be requested. Without an appeal, cases usually finish within one to three months.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Release and counsel
For a felony arrest, the magistrate again decides release, and a secured bond with a higher amount is more likely than for a misdemeanor. Someone held at the New River Valley Regional Jail can seek a bond hearing before the district judge and, if refused, appeal to the Bland Circuit Court. At the first appearance, a defendant who qualifies receives the public defender or an appointed private lawyer.
The preliminary hearing
The general district side of the combined court holds the preliminary hearing, at which the prosecution must show probable cause, usually through the investigating deputy or trooper, and the defense may question the witnesses. A finding of probable cause certifies the charge to the grand jury; a dismissal at this stage does not prevent the Commonwealth from charging again. Instead of a preliminary hearing, the Commonwealth's Attorney may present the case straight to the grand jury for a direct indictment.
In the Bland Circuit Court
Once indicted, the defendant is arraigned and enters a plea. Plea agreements resolve most cases. A trial can be before the judge or a jury of 12 whose verdict must be unanimous, and the judge sets the sentence unless the defendant elects jury sentencing, an option available since July 2021. The judge consults Virginia's voluntary sentencing guidelines. Virginia's speedy-trial statute requires trial within 5 months of the probable-cause finding for a jailed defendant and 9 months for one on release, subject to exceptions.
Potential sentences
- Burglary: breaking into a dwelling at night is a Class 3 felony (5 to 20 years) and becomes Class 2 with a deadly weapon; break-ins under the other statutory burglary provisions can bring as much as 20 years.
- Grand larceny, theft of $1,000 or more, is punished by 1 to 20 years or, at the court's discretion, up to a year in jail.
- Possessing a Schedule I or II drug is a Class 5 felony with 1 to 10 years or up to 12 months in jail. A first conviction for distribution or possession with intent to distribute brings between 5 and 40 years, and mandatory minimum sentences attach to large amounts. An adult 21 or older in Bland County may lawfully hold up to an ounce of marijuana, though any sale remains a crime.
- Malicious wounding is a Class 3 felony, while an unlawful wounding committed without malice is a Class 6 felony.
No one convicted of a felony committed after January 1, 1995 is eligible for parole in Virginia, though earned sentence credits reduce the time actually served. Sentences longer than 12 months are served in the Department of Corrections. A typical Bland felony case runs four to twelve months.
Violent felony (for example, murder, rape, robbery)
Serious violent crimes are rare in Bland County, and when one occurs the Sheriff's Office typically works with Virginia State Police investigators, while the Commonwealth's Attorney handles the prosecution in the Bland Circuit Court.
Sentencing exposure
- Aggravated murder, the offense once called capital murder, is a Class 1 felony carrying life imprisonment, since Virginia no longer has a death penalty.
- For first-degree murder (Class 2) the range is 20 years to life, and for second-degree murder it runs from 5 years to 40.
- Both rape and robbery are punishable by a minimum of 5 years and a maximum of life.
- An aggravated malicious wounding charge, which requires that the victim be left permanently and significantly impaired, is graded as a Class 2 felony.
What to expect
A magistrate or judge can still set bail in these cases, but the seriousness of the charge and any risk to the victim weigh heavily, and many defendants remain at the New River Valley Regional Jail until trial. The case follows the regular felony steps: preliminary hearing or direct indictment, grand jury, arraignment, and plea or trial in the Bland Circuit Court. Because of forensic testing, expert witnesses and motions, these prosecutions often take one to two years. Appointed counsel for a defendant who cannot pay comes from the Pulaski Public Defender Office or from attorneys qualified for serious felony cases.
Help for victims
Virginia's Crime Victim and Witness Rights Act gives victims the right to be told about hearings and release, to give an impact statement and to ask for restitution. Bland County's Victim/Witness Program can be reached through the Commonwealth's Attorney's office at (276) 688-3821.
Juveniles (under 18) arrested in Bland County
A young person charged in Bland County appears on the juvenile and domestic relations side of the combined court at 612 Main Street, (276) 688-4433.
Court Service Unit intake
Complaints against minors are screened by the 27th District Court Service Unit, headquartered at 55 Commerce Street, Pulaski, (540) 980-7735. An intake officer can handle a first or minor offense informally through diversion, file a petition that puts the case on the court's docket, or approve secure detention when the charge is serious or the youth is a danger or likely to run.
If the youth is detained
A juvenile placed in detention is entitled to a detention hearing before the judge within 72 hours, generally on the court's next working day. Youths from Bland County are typically held at a regional detention home such as the New River Valley Juvenile Detention Center in Christiansburg, (540) 381-0097, or the Highlands Juvenile Detention Center in Bristol, (276) 466-7800.
Lawyers, prosecutors and results
The Commonwealth's Attorney prosecutes juvenile cases, and the child is entitled to counsel, appointed from the Pulaski Public Defender Office or the court's list when the family cannot pay. Juvenile trials in Bland are decided by the judge alone. Possible results include dismissal, informal diversion, probation through the Court Service Unit, community service, restitution, counseling or other local programs and, for serious or repeated delinquency, commitment to the Department of Juvenile Justice, either at the Bon Air Juvenile Correctional Center or in a community placement.
When a juvenile is tried as an adult
If the youth is at least 14 and charged with certain serious felonies, the Commonwealth can ask the JDR judge to transfer the case to the Bland Circuit Court after a transfer hearing. A Bland County teenager of 16 or 17 accused of one of the gravest crimes, murder or aggravated malicious wounding among them, can instead be certified to the Circuit Court by the prosecutor once the JDR judge finds probable cause. In most situations juvenile records are kept confidential.
Federal cases (U.S. District Court) from Bland County
Bland County falls in the Western District of Virginia and is assigned to its Abingdon Division, not to Roanoke. The Abingdon clerk's office is at 180 West Main Street, Room 104, Abingdon, VA 24210, (276) 628-5116.
Federal charges that reach Bland County
A Bland County arrest can lead to federal prosecution when it involves trafficking drugs in quantity, for instance on the Interstate 77 corridor; a felon or other prohibited person with a firearm; robbery of a bank; child exploitation; or federal fraud. A large share of the county lies in the Jefferson National Forest, and the Appalachian Trail crosses it, so crimes committed on national forest land may be charged federally, with lesser violations handled on a federal magistrate judge's petty-offense docket.
Federal offices in Abingdon
- Office of the U.S. Attorney for the Western District, 180 West Main Street, Suite B19, Abingdon, VA 24210, (276) 628-4161
- Office of the Federal Public Defender, 201 Abingdon Place, Abingdon, VA 24211, (276) 619-6080; private Criminal Justice Act panel lawyers take cases the office cannot
How federal prosecution unfolds
The first stop after a federal arrest is an initial appearance in front of a magistrate judge, where the charges are explained and counsel is appointed for those who qualify. Prosecutors who want the defendant held must ask for a detention hearing, ordinarily set within three court days. The Bail Reform Act lets the judge release a defendant under conditions overseen by federal pretrial services officers or order detention if no conditions are adequate. A grand jury indictment must follow within 30 days when the case began by complaint, and the Speedy Trial Act calls for trial within 70 days, subject to many exclusions. Guilty pleas resolve most federal cases. Sentencing comes after a presentence investigation, using the advisory Sentencing Guidelines and any mandatory minimum; federal law has no parole, so a prisoner serves roughly 85 percent or more of the sentence in the Bureau of Prisons before a term of supervised release. Any trial is to a jury of 12 that must be unanimous, and appeals go to the Fourth Circuit. Federal charges against juveniles are unusual.
Finding someone in federal custody
Anyone from Bland County looking for a federal prisoner can run a name or register-number search in the Federal Bureau of Prisons inmate locator. While a federal case is pending, the defendant may be housed in a local or regional jail under a contract with the Marshals Service, and in that case may also be listed on the jail's roster.
This page offers general information about how criminal cases move through the Bland County courts; it is not legal advice. Court procedures and phone numbers can change, so check with the clerk of the combined district court at (276) 688-4433 before relying on any detail. A person who cannot afford a lawyer should tell the magistrate or judge, or contact the Pulaski Public Defender Office at (540) 994-5008.
Criminal Court Process for Bland County Virginia
Bland 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.
