Botetourt County Jail Criminal Court Process
Criminal Court Process for Botetourt County Virginia
Botetourt County stretches along Interstate 81 and the James River just north of Roanoke, with its county seat and courthouse complex in the historic town of Fincastle. Criminal cases are handled by three courts there: the Botetourt General District Court, the Botetourt Juvenile and Domestic Relations District Court, and the Botetourt Circuit Court, all in the 25th Judicial Circuit. Prosecutions are brought by the Botetourt County Commonwealth's Attorney. Adults who are not released after arrest are held at the Botetourt-Craig Regional Jail, operated by the Botetourt County Sheriff in Fincastle for Botetourt and Craig counties.
- Botetourt Circuit Court (felony trials, juries, misdemeanor appeals), Courthouse, Main Street, P.O. Box 219, Fincastle, VA 24090; Clerk (540) 473-8274
- Botetourt General District Court (criminal and traffic), 20 East Back Street, Suite A, P.O. Box 858, Fincastle, VA 24090, (540) 928-2270
- Botetourt Juvenile and Domestic Relations District Court, 20 East Back Street, Suite B, P.O. Box 798, Fincastle, VA 24090, (540) 928-2280
- Magistrate, Botetourt office, 205 North Roanoke Street, Fincastle, VA 24090, (540) 473-8234
- Botetourt County Commonwealth's Attorney, 11 East Main Street, Fincastle, VA 24090, (540) 928-2150
- Botetourt County Sheriff's Office, 205 North Roanoke Street, P.O. Box 18, Fincastle, VA 24090, (540) 928-2200; non-emergency dispatch (540) 473-8631
- 25th District Court Service Unit, Fincastle office (juvenile intake), 2 East Main Street, Fincastle, VA 24090, (540) 928-2111
- Botetourt-Craig Regional Jail, 205 North Roanoke Street, Fincastle, VA 24090, (540) 473-8230
- Court-appointed lawyers: Botetourt County is not served by a public defender office; judges appoint private attorneys. Ask the General District Court clerk at (540) 928-2270.
Which court hears your case. Misdemeanors and traffic charges are tried by a judge, with no jury, in the Botetourt General District Court. A conviction there can be appealed within 10 days to the Botetourt Circuit Court, which retries the case from scratch and can use a jury. Assaults and other crimes against a family or household member, and all charges involving juveniles, are heard by the Botetourt Juvenile and Domestic Relations District Court. For a felony, the preliminary hearing takes place in the General District Court, or in the JDR court if the alleged victim is a family member; after a grand jury indictment the case goes to the Botetourt Circuit Court for trial.
Where pretrial inmates are held. The jail at 205 North Roanoke Street, which the Sheriff's Office also calls the Botetourt County Jail, shares a building with the Sheriff's Office and the magistrate a few blocks from the courts. It holds adults arrested by deputies anywhere in Botetourt, including the towns of Buchanan, Fincastle and Troutville, and prisoners from Craig County under the two counties' regional arrangement. The jail can be reached at (540) 473-8230 for questions about an inmate or how to post bail.
- Courts in Botetourt 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 Botetourt County
- Federal cases (U.S. District Court) from Botetourt County
Courts in Botetourt County (circuit, general district, and juvenile and domestic relations courts)
Botetourt has three incorporated towns, but Virginia law gives towns no courts, so there are no municipal or mayor's courts to deal with. Charges from the towns of Buchanan, Fincastle and Troutville, as well as from Daleville, Cloverdale, Blue Ridge, Eagle Rock and the rest of the county, go to the Botetourt courts in Fincastle.
The courthouse complex
- Botetourt Circuit Court, Courthouse, Main Street, P.O. Box 219, Fincastle, VA 24090; Clerk of Court (540) 473-8274, open 8:30 a.m. to 4:30 p.m.
- Botetourt General District Court, 20 East Back Street, Suite A, P.O. Box 858, Fincastle, VA 24090, (540) 928-2270, open 8:00 a.m. to 4:00 p.m. The same clerk's office handles criminal, traffic and civil filings.
- Botetourt Juvenile and Domestic Relations District Court, 20 East Back Street, Suite B, P.O. Box 798, Fincastle, VA 24090, (540) 928-2280, open 8:00 a.m. to 4:00 p.m.
Magistrate and juvenile intake
- Magistrate, Botetourt office, 205 North Roanoke Street, Fincastle, VA 24090, (540) 473-8234. Botetourt's magistrates also cover Craig County by video. They issue warrants and set initial bond terms around the clock.
- 25th District Court Service Unit, Fincastle office, 2 East Main Street, P.O. Box 804, Fincastle, VA 24090, (540) 928-2111
Prosecution, defense and law enforcement
- Botetourt County Commonwealth's Attorney, 11 East Main Street, Fincastle, VA 24090, (540) 928-2150
- Court-appointed counsel: no Virginia Indigent Defense Commission public defender office covers the county, so qualifying defendants receive private lawyers appointed from the court's list. Financial eligibility forms are at the General District Court clerk's office, (540) 928-2270.
- Botetourt County Sheriff's Office, 205 North Roanoke Street, P.O. Box 18, Fincastle, VA 24090, (540) 928-2200; non-emergency (540) 473-8631
- Town police: the Town of Buchanan is protected by the Sheriff's Office, which also answers calls in Fincastle and Troutville. Town offices: Buchanan (540) 254-1212, Fincastle (540) 473-2200, Troutville (540) 992-4401.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
With Interstate 81, Route 220 and the growing Daleville area, Botetourt's General District Court sees a steady flow of DUI, traffic, shoplifting and trespass cases, while domestic assault charges go to the JDR court next door.
Arrest and the magistrate
After an arrest, deputies or state troopers bring the person to the magistrate at 205 North Roanoke Street. The magistrate decides whether to issue a warrant and then whether to release the person on recognizance, on an unsecured bond, or only after a secured bond is posted, either in cash or with a licensed bondsman, who charges a nonrefundable fee. Conditions may include contact with local pretrial services or staying away from a complaining witness. If release is refused or the money cannot be raised, the person is booked into the Botetourt-Craig Regional Jail in the same building. A General District Court or JDR judge can reconsider the terms at a bond hearing, and that decision can be appealed to the Circuit Court. Virginia has had no presumption against release for any category of offense since 2021.
Arraignment and a lawyer
A defendant in custody is arraigned on the court's next working day. The judge asks whether the defendant has a lawyer; someone who cannot afford one and is at risk of jail completes a financial statement, and the judge appoints a private attorney, since Botetourt has no public defender. The Commonwealth's Attorney prosecutes.
Penalties
- Petit larceny (under $1,000), trespass and assault and battery are Class 1 misdemeanors, each punishable by up to 12 months in jail and a $2,500 fine.
- When an assault involves a family or household member, the JDR court hears it. First offenders may be eligible for a deferred disposition, and a third conviction for family assault can be prosecuted as a felony.
- First DUI: Class 1, with a $250 mandatory minimum fine; 5 days of mandatory jail if the BAC was 0.15 to 0.20 and 10 days if over 0.20; license revocation for one year, with a restricted license and ignition interlock possible; VASAP; and a 7-day administrative suspension at the time of arrest.
- A Class 2 misdemeanor allows as much as 6 months in jail and a $1,000 fine; Class 3, a fine up to $500; Class 4, a fine up to $250.
There is no jury in General District Court; the judge decides the case. Results include dismissal, deferred disposition under a first-offender program, a fine, a suspended sentence with probation, or jail. An appeal noted within 10 days leads to a new trial in the Botetourt Circuit Court. Misdemeanors generally finish within one to three months, longer if appealed, and Virginia's record-sealing law may later apply to some outcomes.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Drug charges from interstate traffic stops, thefts from businesses along the U.S. 220 corridor, and residential burglaries make up much of the Botetourt felony docket, which the Commonwealth's Attorney's office in Fincastle prosecutes.
The sequence
- Magistrate. A felony warrant issues and bail is decided. A defendant who is held stays at the Botetourt-Craig Regional Jail.
- Arraignment in district court. The General District Court (or JDR court for a family-member victim) advises the defendant and appoints counsel when appropriate.
- Preliminary hearing. The judge hears testimony and decides whether there is probable cause. When the judge finds it, the case is certified for grand jury review. Prosecutors may instead present the case directly to the grand jury.
- Grand jury. Once indicted, the defendant is arraigned in the Botetourt Circuit Court and the case is set for trial.
- Plea or trial. Negotiated pleas resolve the large majority of Botetourt felonies. A trial jury has 12 members and must be unanimous; the judge sentences unless the defendant requests jury sentencing, and the state's voluntary sentencing guidelines are considered.
Penalty ranges
- Drug possession of a Schedule I or II controlled substance: Class 5. The court can impose 1 to 10 years in prison or, alternatively, no more than 12 months in jail.
- Possession with intent to distribute or distribution: 5 to 40 years on a first conviction, with mandatory minimums for large quantities. Adults 21 and over may legally possess up to an ounce of marijuana; selling it remains illegal.
- Burglary: nighttime entry into a dwelling is Class 3 (5 to 20 years) or Class 2 if armed; other statutory burglary carries up to 20 years.
- Grand larceny ($1,000 or more): 1 to 20 years, or as little as a jail term of up to 12 months.
- Malicious wounding: Class 3. Unlawful wounding: Class 6, carrying 1 to 5 years, or a jail term not exceeding 12 months.
Virginia's speedy-trial rule in Code §19.2-243 generally requires trial within 5 months after the probable cause finding for a defendant held in jail and within 9 months for one on release, with exceptions. Felonies committed after January 1, 1995 are not parole-eligible, though earned sentence credits may reduce time served, and prison sentences above 12 months are served in the Department of Corrections. Expect four to twelve months from arrest to resolution in most cases.
Violent felony (for example, murder, rape, robbery)
A violent felony arrest in Botetourt County is usually investigated by the Sheriff's Office's investigators, often with help from the Virginia State Police and the state forensic lab. Release is far from automatic: the magistrate and judges weigh danger to the public and to the victim, and a defendant denied bond will remain at the Botetourt-Craig Regional Jail through the case.
Penalties
- Aggravated murder, previously known as capital murder: a Class 1 felony punished by life imprisonment. Virginia repealed the death penalty in 2021.
- First-degree murder: under Class 2, the Botetourt Circuit Court may sentence a defendant to 20 years or more, up to life. Second-degree murder: 5 to 40 years.
- Rape: 5 years to life.
- Robbery: 5 years to life.
- Aggravated malicious wounding: graded as Class 2, it brings a Botetourt defendant a prison term ranging from 20 years to life.
Timeline and victims' rights
These cases travel the usual felony route to the Botetourt Circuit Court, but expert testimony, lab results and contested motions often stretch them to one to two years. Under the Crime Victim and Witness Rights Act, victims are entitled to be told about hearings, to be present, and to give a statement at sentencing; the Commonwealth's Attorney's office at (540) 928-2150 can connect victims with its victim/witness services. Defendants who cannot afford representation receive appointed counsel.
Juveniles (under 18) arrested in Botetourt County
Children under 18 accused of offenses in Botetourt County appear before the Botetourt Juvenile and Domestic Relations District Court, 20 East Back Street, Suite B, Fincastle, (540) 928-2280.
Court Service Unit intake
The Fincastle office of the 25th District Court Service Unit, 2 East Main Street, (540) 928-2111, handles intake. The intake officer may resolve a first or minor offense through diversion, file a petition so a judge hears the case, or approve secure detention for a youth who poses a risk to others or is likely to flee. The Commonwealth's Attorney prosecutes the petition.
Detention
Botetourt is among the localities served by the Roanoke Valley Juvenile Detention Center, 498 Coyner Springs Road, Roanoke, VA 24012, (540) 561-3840. A youth placed in detention must get a detention hearing within 72 hours, or on the court's next day in session, where the judge can order release to a parent under conditions such as curfew or electronic monitoring. A lawyer is appointed for the child if the family has not hired one.
What can happen
- Diversion, dismissal, or probation supervised by the Court Service Unit, with conditions such as counseling, restitution or community service.
- For serious or repeat offenses, commitment to the Department of Juvenile Justice, served at Bon Air Juvenile Correctional Center or in a community-based placement.
- Prosecution as an adult: the JDR court may, after a transfer hearing, send a child 14 or older charged with certain serious felonies to the Botetourt Circuit Court. In the most serious cases, 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 after a preliminary hearing.
Juvenile records are generally confidential.
Federal cases (U.S. District Court) from Botetourt County
Botetourt County is in the Roanoke Division of the Western District of Virginia. A federal case from Daleville, Buchanan or anywhere else in the county is handled at the Richard H. Poff Federal Building in Roanoke, about 20 miles from Fincastle.
- U.S. District Court, Roanoke Clerk's Office, 210 Franklin Road SW, Room 540, Roanoke, VA 24011, (540) 857-5100
- U.S. Attorney for the Western District of Virginia, Roanoke main office, P.O. Box 1709, Roanoke, VA 24008, (540) 857-2250
- Federal Public Defender (Roanoke), 210 First Street SW, Suite 400, Roanoke, VA 24011, (540) 777-0880, with Criminal Justice Act panel lawyers appointed in conflict cases
Federal ground and federal crimes
The Blue Ridge Parkway, a National Park Service unit, runs along the county's eastern edge, and sections of the Jefferson National Forest and the Appalachian Trail cross Botetourt, so offenses committed there may be prosecuted federally. Other common routes into federal court are drug trafficking on the Interstate 81 corridor, firearm possession by people who are prohibited from having guns, bank robbery, child exploitation and fraud. Investigating agencies include the FBI, DEA, ATF, National Park Service rangers and the Forest Service.
Steps in a federal prosecution
An arrested defendant appears first before a U.S. magistrate judge, who explains the charges and appoints a lawyer if the defendant qualifies. Money bail is rarely used in federal cases, and licensed bondsmen play no part; the Bail Reform Act instead gives the judge two choices, conditional release with U.S. Pretrial Services supervision or detention, and a contested detention request is typically heard within three court days. A complaint must be followed by an indictment within 30 days, and the Speedy Trial Act requires trial within 70 days unless time is excluded, which happens often. Most defendants plead guilty; at trial, the jury of 12 must be unanimous.
The judge sentences after reviewing a presentence report, the advisory Sentencing Guidelines and any applicable mandatory minimum. Federal parole no longer exists, so prisoners serve roughly 85 percent of their terms in the Bureau of Prisons and then begin supervised release. Appeals go to the U.S. Court of Appeals for the Fourth Circuit.
Searching for a federal prisoner
To find someone in federal custody, use the Federal Bureau of Prisons inmate locator with the person's name or register number. People held before trial in a local or regional jail under contract with the U.S. Marshals can also be found on the roster that jail keeps. Federal prosecution of juveniles from Botetourt County is rare.
This overview of criminal court procedure in Botetourt County is provided for general information and is not legal advice; court practices and jail arrangements can change. For advice about a particular charge, contact a criminal defense attorney. To ask for a court-appointed lawyer, speak up before the magistrate or at the first court appearance, or call the Botetourt General District Court clerk at (540) 928-2270; questions about an inmate go to the jail at (540) 473-8230 or the Sheriff's Office at (540) 928-2200.
Criminal Court Process for Botetourt County Virginia
Botetourt 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.
