The Highlands Juvenile Detention Center Criminal Court Process
Criminal Court Process for Bristol City Virginia
The City of Bristol is one of Virginia's 38 independent cities, governed apart from the surrounding Washington County and sitting directly across State Street from its Tennessee twin. Three state courts in the city courthouse on Cumberland Street decide criminal matters for the Virginia side: the Bristol Circuit Court, the Bristol General District Court and the Bristol Juvenile and Domestic Relations District Court, which together form part of the 28th Judicial Circuit. Prosecution in all three courts is the job of the Commonwealth's Attorney whom Bristol voters elect. The city no longer operates a jail of its own; since its closure, arrestees who are not released are committed to the regional jail system, typically the Southwest Virginia Regional Jail - Abingdon facility outside Abingdon.
- Southwest Virginia Regional Jail - Abingdon facility, 15205 Joe Derting Drive, Abingdon, VA 24210, (276) 739-3534
- Bristol Virginia Sheriff's Office, 417 Cumberland Street, Bristol, VA 24201, (276) 645-7430
- Bristol Virginia Police Department, 551 Scott Street, Bristol, VA 24201, (276) 645-7400
- Magistrate, 497 Cumberland Street, Bristol, VA 24201, (276) 645-7434
- General District Court (criminal and traffic), Room 208, 497 Cumberland Street, Bristol, VA 24201, (276) 645-7341
- Juvenile and Domestic Relations District Court, Suite 107, 497 Cumberland Street, Bristol, VA 24201, (276) 645-7325
- Circuit Court Clerk, 497 Cumberland Street, Bristol, VA 24201, (276) 645-7321
- Commonwealth's Attorney, Suite 202, 230 Piedmont Avenue, Bristol, VA 24201; Victim/Witness (276) 645-7322
- Lawyer for those who cannot pay: appointed from the court's list (the city has no public defender office); General District Court clerk (276) 645-7341
- Court Service Unit, 28th District (juvenile intake), 193 East Main Street, Abingdon, VA 24210, (276) 676-6284
Which court hears your case. If the charge is a felony, the city's General District Court conducts the preliminary hearing (the JDR court does so when the alleged victim is a relative or household member), and the Circuit Court takes over after the grand jury returns an indictment. If the accused is under 18, or the case is a family assault or another offense against a household member, the matter is filed in the Juvenile and Domestic Relations District Court. Everything else at the misdemeanor and traffic level goes to the General District Court, where a judge decides without a jury; someone convicted there can, within 10 days, move the case to the Circuit Court for a fresh trial that may be held before a jury.
Where pretrial inmates are held. When the city's own lockup was retired, the City of Bristol began sending prisoners to the Southwest Virginia Regional Jail Authority, a jail system it shares with Norton and with Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell, Washington and Wise counties. The Authority has facilities in four towns (Abingdon, Duffield, Haysi and Tazewell), and the Abingdon jail, roughly a 20-minute drive northeast on Interstate 81, is the closest to the city; an inmate can be reassigned to another site. The jail at (276) 739-3534 and the Sheriff's Office at (276) 645-7430 can say where someone is held and how to post a bond.
- Courts in the City of Bristol (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 the City of Bristol
- Federal cases (U.S. District Court) from the City of Bristol
Courts in the City of Bristol (circuit, general district, and juvenile and domestic relations courts)
No Virginia city or town runs a municipal or mayor's court, so the three state courts in the city courthouse are the only local criminal courts for the Virginia side of Bristol. A ticket written on the Tennessee side of State Street belongs to Tennessee, not to these courts. Washington County charges, including those from nearby Abingdon or Damascus, are heard in Abingdon rather than in the city.
The city courthouse at 497 Cumberland Street
- Bristol General District Court, Room 208, (276) 645-7340 or (276) 645-7341. Hours run from 8:15 a.m. to 4:15 p.m.
- Bristol Juvenile and Domestic Relations District Court, Suite 107, (276) 645-7325. Hours run from 8:00 a.m. to 4:00 p.m.
- Bristol Circuit Court, Clerk (276) 645-7321
Around-the-clock and juvenile offices
- Magistrate's office in the courthouse, (276) 645-7434. Magistrates are on duty day and night to issue warrants and decide bail.
- Court Service Unit, 28th District, 193 East Main Street, Abingdon, VA 24210, (276) 676-6284. This Department of Juvenile Justice unit does intake and probation for the city and for Washington and Smyth counties.
Who prosecutes, who defends, who arrests
- Commonwealth's Attorney for the City of Bristol, Suite 202, 230 Piedmont Avenue, Bristol, VA 24201; Victim/Witness (276) 645-7322
- Defense for those who cannot pay: the Virginia Indigent Defense Commission does not have an office covering the city, so the judges assign private lawyers who have agreed to take court appointments.
- Bristol Virginia Police Department, 551 Scott Street, Bristol, VA 24201, (276) 645-7400, the city's primary patrol agency
- Bristol Virginia Sheriff's Office, 417 Cumberland Street, Bristol, VA 24201, (276) 645-7430, which secures the courthouse, serves papers and moves prisoners between the jail and court
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Penalties first
- Virginia treats trespassing, petit larceny (property valued below $1,000) and ordinary assault and battery as Class 1 misdemeanors, the most serious misdemeanor grade, with a ceiling of one year in jail and a $2,500 fine.
- Battery on a spouse, a partner or anyone else in the household goes to the city's JDR court. First offenders there are sometimes allowed a deferred finding that leads to dismissal if they complete probation and any required classes, while a person with two earlier family-assault convictions can face a felony on the third.
- Someone convicted of a first DUI pays at least $250, loses the license for 12 months (though a restricted license tied to an ignition interlock is often allowed) and must complete VASAP, the state alcohol safety program. The court has to impose jail if the blood alcohol test was high, 5 days for 0.15 through 0.20 and 10 days over 0.20. A separate 7-day administrative suspension takes effect at the arrest.
Getting out after an arrest
City police often release minor offenders on a summons. For those taken into custody, the next stop is the magistrate's office in the courthouse, where the magistrate decides whether a warrant should issue and on what terms the person may leave. Possible terms are a recognizance bond, meaning release on a promise to return; an unsecured bond, with money owed only after a no-show; or a secured bond, posted in cash or arranged through a licensed bail bondsman. Since 2021 no offense carries a legal presumption against release in Virginia, and the magistrate considers the likelihood of appearance and any threat to public safety. People who stay in custody are taken to the Southwest Virginia Regional Jail - Abingdon facility, and their lawyer can request a bond hearing before a district court judge.
In court
Defendants in jail see a judge, generally over a video link, on the next court day. At that advisement the judge confirms the charge and addresses the question of counsel. A defendant who risks jail and lacks money for a lawyer signs a financial statement, and the court names a private attorney to the case; the cost may be billed as court costs if the case ends in a conviction. Trials in the General District Court are always before a judge. The result might be a dismissal, a first-offender deferral, a fine, a suspended sentence with probation, or a jail term. The defendant can note an appeal within 10 days and get a new trial in the Bristol Circuit Court, where seven jurors hear misdemeanors. Most city misdemeanors are finished within three months.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Most felony arrests in the city involve drugs or theft, and every one of them moves from the district court on the courthouse's second floor to the Circuit Court.
Step one: release or detention
The magistrate sets the initial terms, and for felonies a secured bond is the norm. A person who remains at the Southwest Virginia Regional Jail - Abingdon facility can have a lawyer ask a General District Court judge to change the terms, and the Circuit Court can review a refusal. The court appoints a private lawyer at the first hearing if the defendant qualifies financially.
Step two: probable cause
Prosecutors must establish probable cause, either at a preliminary hearing before a General District Court judge, where an officer usually testifies and the defense may question that officer, or by taking the case straight to a grand jury and obtaining a direct indictment. A judge's probable-cause finding certifies the case to the grand jury. A dismissal at the hearing does not prevent the Commonwealth's Attorney from later presenting the same charge to a grand jury. When a family member is the alleged victim, the JDR court conducts the hearing.
Step three: Circuit Court
After the indictment comes arraignment. The large majority of cases are resolved by agreement. Defendants who want a trial pick either a judge or a jury, which in a felony is 12 people deciding unanimously. Sentencing is the judge's job unless the defendant has asked for the jury to do it, a choice Virginia added in July 2021, and the guidelines the judge consults are not binding. Virginia's speedy-trial statute sets limits of 5 months from the probable-cause finding for someone in jail and 9 months for someone free on bond, subject to exceptions.
How the examples are punished
A burglary of an occupied home after dark is a Class 3 felony with 5 to 20 years, increased to Class 2 if the intruder carried a deadly weapon, and other statutory burglaries can reach 20 years. Grand larceny applies once the value is $1,000 or higher and allows a prison term from 1 to 20 years, though the court may instead impose up to a year in jail. Having a Schedule I or II drug is a Class 5 felony, punishable by 1 to 10 years or up to a year in jail; distribution, or possession with intent to distribute, is punishable by 5 to 40 years for a first offense, and certain large amounts require a mandatory minimum. Under Virginia law a person 21 or older may possess no more than one ounce of marijuana legally, and sale of any amount is still prohibited. Malicious wounding is Class 3, and unlawful wounding, where malice is not proved, is Class 6.
Felony parole ended in Virginia for crimes committed on and after January 1, 1995; good-time-style sentence credits are the main way time is reduced. A prisoner whose sentence exceeds 12 months goes to the Department of Corrections. From arrest to sentencing, felony cases in the city commonly take four months to a year.
Violent felony (for example, murder, rape, robbery)
Bail is harder to get
The law allows release in any case, yet for a killing, a sexual assault or a robbery the magistrate or judge deciding bail puts the victim's safety and the community's at the center, and many people charged with these crimes stay at the Southwest Virginia Regional Jail - Abingdon facility while their cases are pending. City police investigate, often with help from state police specialists, and the Commonwealth's Attorney's office prosecutes in the Bristol Circuit Court.
A longer road
These cases pass through the same stages as other felonies, from probable cause through indictment, arraignment and a plea or trial, but they usually last longer, often a year or two, because of laboratory analysis, expert witnesses and pretrial litigation. Jury trials are more common. A defendant who cannot afford counsel is assigned a lawyer certified for the most serious felony cases.
Possible sentences
- Life in prison is the punishment for aggravated murder, the Class 1 crime that took the place of capital murder when the death penalty ended in 2021.
- First-degree murder brings at least 20 years and as much as life as a Class 2 felony, while second-degree murder brings at least 5 and at most 40 years.
- A defendant convicted of robbery faces 5 years to life, the same range that applies to rape.
- Aggravated malicious wounding, a wounding that leaves permanent and significant impairment, is punished as a Class 2 felony.
For victims and their families
Virginia's Crime Victim and Witness Rights Act entitles victims to be kept informed of court dates and any release, to speak or write to the court before sentencing and to ask for restitution. The city's Victim/Witness office can be reached at (276) 645-7322.
Juveniles (under 18) arrested in the City of Bristol
Where a detained youth goes
The regional juvenile detention home for this part of Virginia is inside the city limits: the Highlands Juvenile Detention Center, 1080 Transit Way, Bristol, (276) 466-7800, operated by a commission that the city formed with Washington and Smyth counties. Within 72 hours of being detained, and generally on the court's next working day, the youth gets a detention hearing where a JDR judge decides whether continued detention is justified.
The court and intake
Cases against minors are heard in the city's Juvenile and Domestic Relations District Court, Suite 107, 497 Cumberland Street, (276) 645-7325. Before a case reaches a judge, an intake officer from the 28th District Court Service Unit in Abingdon, (276) 676-6284, reviews the complaint and chooses among informal diversion, a formal petition, and, if the offense is serious or the youth appears likely to flee or cause harm, secure detention.
Outcomes
A judge, never a jury, decides juvenile cases in the city. The Commonwealth's Attorney presents the case, and the youth is represented by a lawyer, appointed from the private bar if the family cannot afford one. Dispositions range from dismissal and diversion to Court Service Unit probation, community service, restitution, counseling and other local services. Repeated or serious offenses can result in commitment to the Department of Juvenile Justice, which may hold the youth at the Bon Air Juvenile Correctional Center or arrange a community placement.
Transfer and certification
Prosecutors can seek to move a case against a youth aged 14 or more to the Bristol Circuit Court when the charge is one of certain serious felonies, and the JDR judge decides after a transfer hearing. With the very gravest charges, murder and aggravated malicious wounding among them, the Commonwealth's Attorney has authority to certify a 16- or 17-year-old for adult prosecution after the JDR court finds probable cause. Records of juvenile cases are, with limited exceptions, confidential.
Federal cases (U.S. District Court) from the City of Bristol
Typical federal cases
The City of Bristol has no military installation or national forest within its limits, so federal prosecution here usually grows out of investigations into drug trafficking organizations, guns in the hands of convicted felons and other barred persons, bank robberies, online child exploitation, and fraud schemes involving banks, the mail or federal benefits. Its position on the Tennessee line and Interstate 81 means many such cases cross state boundaries.
The court and the lawyers
The city belongs to the Abingdon Division of the Western District of Virginia, whose courthouse and clerk's office are at 180 West Main Street, Room 104, Abingdon, VA 24210, (276) 628-5116. A federal case arising on the Tennessee side of State Street would instead go to the Eastern District of Tennessee.
- Federal Public Defender's Abingdon office, 201 Abingdon Place, Abingdon, VA 24211, (276) 619-6080, with private Criminal Justice Act panel attorneys appointed in conflict cases
- United States Attorney's Abingdon office, 180 West Main Street, Suite B19, Abingdon, VA 24210, (276) 628-4161
How a federal case proceeds
Federal defendants make an initial appearance before a magistrate judge soon after arrest and receive appointed counsel if they cannot pay. A government motion to detain is normally heard within three court days, and the court rules under the Bail Reform Act, choosing between release under conditions monitored by pretrial services officers and detention until trial. If the case began with a complaint, prosecutors have 30 days to obtain an indictment from a grand jury; the Speedy Trial Act then calls for trial within 70 days, but excludable delays often stretch that. Most defendants plead guilty. Before sentencing, the probation office investigates and writes a presentence report, and the judge considers the advisory Sentencing Guidelines along with any statutory mandatory minimum. With no parole in the federal system, a prisoner serves at least about 85 percent of the term in the Bureau of Prisons and then begins supervised release. Twelve jurors must agree on any federal verdict, and a defendant who loses can take the case to the Fourth Circuit Court of Appeals in Richmond. Juveniles are seldom charged in federal court.
Searching for a federal inmate
The Federal Bureau of Prisons inmate locator accepts a name or a register number. If a federal defendant is being held before trial in a local or regional jail under an agreement with the Marshals Service, the jail's own roster may list that person as well.
Nothing on this page is legal advice; it is a general overview of how criminal charges are handled in the City of Bristol, Virginia. Before relying on a date, rule or number, call the court involved, for example the General District Court clerk at (276) 645-7341. The city has no public defender office, so a defendant who cannot pay a lawyer should tell the magistrate or the judge and ask for one to be appointed.
Criminal Court Process for Bristol City Virginia
Bristol City 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.
