Chesapeake Juvenile Detention Criminal Court Process

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Criminal Court Process for Chesapeake City Virginia

The City of Chesapeake is one of Virginia's 38 independent cities, governed separately from any county and served by courts that handle its cases alone. Charges brought here move through three state courts: the Chesapeake General District Court, the Chesapeake Juvenile and Domestic Relations District Court and the Chesapeake Circuit Court. Chesapeake is the only locality in the 1st Judicial Circuit, and its own elected Commonwealth's Attorney handles every prosecution in those courts. If you are arrested and not released, the Sheriff will hold you at the Chesapeake Correctional Center on Albemarle Drive, and if you cannot pay for a defense, the Chesapeake Public Defender Office can be appointed to your case.

  • Chesapeake General District Court (criminal and traffic), 307 Albemarle Drive, Chesapeake, VA 23322; pre-court questions (757) 382-3119, post-court questions (757) 382-3134, main number (757) 382-3100
  • Chesapeake Juvenile and Domestic Relations District Court, 301 Albemarle Drive, Second Floor, Chesapeake, VA 23322, (757) 382-8100
  • Chesapeake Circuit Court Clerk's Office, 307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322, (757) 382-3000
  • Chesapeake Magistrate's Office (District 1), 400 Albemarle Drive, Suite A, Chesapeake, VA 23322, (757) 382-6534, staffed 24 hours a day
  • Chesapeake Commonwealth's Attorney, 307 Albemarle Drive, Chesapeake, VA 23322, (757) 382-3200
  • Chesapeake Public Defender Office, 135 Hanbury Road West, Suite D, Chesapeake, VA 23322, (757) 382-0098
  • Court Service Unit, 1st District (juvenile intake and probation), 301 Albemarle Drive, Chesapeake, VA 23322, (757) 382-8170
  • Chesapeake Sheriff's Office, P.O. Box 15125, Chesapeake, VA 23328, (757) 382-6159
  • Chesapeake Police Department, non-emergency line (757) 382-6161; dial 911 in an emergency
  • Chesapeake Community Corrections (pretrial supervision), 1202 20th Street, Chesapeake, VA 23324, (757) 382-2499
  • Chesapeake Victim/Witness Program, P.O. Box 15125, Chesapeake, VA 23328, (757) 382-6794
  • Chesapeake Correctional Center, 400 Albemarle Drive, Chesapeake, VA 23322, (757) 382-6159
  • Chesapeake Juvenile Services (secure detention for youths), 420 Albemarle Drive, Chesapeake, VA 23322, (757) 382-9788

Which court hears your case. If you are charged with a misdemeanor or a traffic offense in the City of Chesapeake, your trial takes place in the Chesapeake General District Court before a judge, because that court has no juries. You can appeal a conviction there within 10 days, and the Chesapeake Circuit Court will then hear the whole case fresh, with a jury if you ask for one. If you are under 18, or if the person you are accused of harming is a relative or member of your household, the Chesapeake Juvenile and Domestic Relations District Court takes the case instead; that court handles assaults on spouses, partners, parents and children as well as all juvenile charges. A felony charge starts with a preliminary hearing in the General District Court, or in the JDR court when the victim is family, and then goes to the Chesapeake Circuit Court once the grand jury indicts.

Where pretrial inmates are held. Adults arrested in the City of Chesapeake who are not released are booked into the Chesapeake Correctional Center, 400 Albemarle Drive, a jail run by the elected Sheriff that serves this city only. Chesapeake used to be one of five member cities of the Hampton Roads Regional Jail in Portsmouth, along with Hampton, Newport News, Norfolk and Portsmouth; after that regional jail closed, its Chesapeake prisoners were moved back to the city jail. You or your family can ask about release terms, bail amounts and custody status by calling the Sheriff's Office at (757) 382-6159.

Courts in the City of Chesapeake (circuit, general district, and juvenile and domestic relations courts)

In Virginia there are no municipal, town or mayor's courts; local ordinance violations and state crimes alike go to the state's district and circuit courts. Because the City of Chesapeake has no towns within its borders, a charge from any neighborhood, including South Norfolk, Western Branch, Deep Creek, Greenbrier, Indian River, Hickory or Great Bridge, ends up in the same courthouses. Each of the three courts below is part of the 1st Judicial Circuit or the matching 1st Judicial District, and none of them hears cases from other localities.

  • Chesapeake General District Court, 307 Albemarle Drive, Chesapeake, VA 23322; pre-court (757) 382-3119, post-court (757) 382-3134
  • Chesapeake Juvenile and Domestic Relations District Court, 301 Albemarle Drive, Second Floor, Chesapeake, VA 23322, (757) 382-8100
  • Chesapeake Circuit Court, 307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322, (757) 382-3000
  • Chesapeake Magistrate's Office, 400 Albemarle Drive, Suite A, Chesapeake, VA 23322, (757) 382-6534
  • 1st District Court Service Unit, 301 Albemarle Drive, Chesapeake, VA 23322, (757) 382-8170
  • Commonwealth's Attorney for the City of Chesapeake, 307 Albemarle Drive, Chesapeake, VA 23322, (757) 382-3200
  • Chesapeake Public Defender Office, 135 Hanbury Road West, Suite D, Chesapeake, VA 23322, (757) 382-0098
  • Chesapeake Sheriff's Office, (757) 382-6159
  • Chesapeake Police Department, (757) 382-6161 (non-emergency)

General District Court

This is the court you are most likely to see first. Its judges try misdemeanors and traffic cases, hold preliminary hearings on felonies and review bond decisions made by magistrates. The clerk's office keeps hours of 8:00 a.m. to 4:00 p.m. and divides criminal and traffic work into a pre-court desk, for continuances and prepayable tickets, and a post-court desk, for fines, payment plans and appeals.

Juvenile and Domestic Relations District Court

Located in a separate building next door at 301 Albemarle Drive, the JDR court hears delinquency cases against children, adult charges involving family or household members, and protective-order requests. Its hearings are generally closed to the public when a juvenile is involved.

Circuit Court

The Circuit Court is the city's court of record and its only trial court with juries. Felony indictments, felony trials and sentencings, and appeals from the two district courts all happen here. The Clerk of the Circuit Court, an elected official, keeps the court's records and staffs the clerk's office from 8:30 a.m. to 3:45 p.m.

The magistrate, the Court Service Unit, the prosecutor, the public defender, the Sheriff and the police department each play a part, described in the sections that follow. Most arrests come from Chesapeake police officers, though state troopers and sheriff's deputies also file charges.

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From arrest to release in the City of Chesapeake

If a Chesapeake officer arrests you rather than writing a summons, you will be driven to the Correctional Center on Albemarle Drive. There, deputies book you: they take your photograph and fingerprints, collect and list your belongings, and check for any outstanding warrants from Chesapeake or elsewhere.

Seeing the magistrate

Next you go before a magistrate, whose office occupies Suite A of the same building at 400 Albemarle Drive. Sometimes this meeting happens over a video screen. The magistrate listens to the officer, decides whether there is probable cause for the charge, and, if so, issues a warrant or summons. The magistrate then decides whether you go home. Under the rules in effect since 2021, no charge carries an automatic presumption against release; the question is whether you are likely to return for court and whether letting you go would put a person or the public at risk.

The kinds of release

  • Recognizance: you sign a promise to come to court and are released without paying anything.
  • Unsecured bond: a dollar amount is written on the release order, but you pay it only if you fail to appear.
  • Secured bond: the amount must be paid before release, either in full in cash or through a licensed bail bondsman, who generally keeps a fee of roughly 10 percent and may take collateral. The Department of Criminal Justice Services licenses Virginia bondsmen.

Whatever form release takes, the magistrate can add conditions. You might be ordered to stay away from the complaining witness, to avoid alcohol, to remain out of a particular residence or to check in with Chesapeake Community Corrections at 1202 20th Street ((757) 382-2499), the city agency that monitors people released while their cases are pending.

If you are not released

You can ask a judge to review the magistrate's decision at a bond hearing in the General District Court, or in the JDR court if the case involves a relative or you are a juvenile. Your lawyer usually requests this, often at your first appearance, and can bring in family members or an employer to support you. A denial can be appealed to the Circuit Court, and the Commonwealth can appeal too if it disagrees with a release.

Your first court date

People who stay in custody are usually taken before a judge the next day court is in session, frequently on video from the jail. This short hearing, called an advisement or arraignment, is where you hear the charge read, learn that you have a right to a lawyer, tell the judge whether you will hire one or need one appointed, and receive your next date. You will not normally be asked to plead or present evidence yet. If you were released, simply come to court on the date on your papers.

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Lawyers for people who cannot afford one: the Chesapeake Public Defender

Chesapeake has its own state-funded public defender office, part of the Virginia Indigent Defense Commission. You will find it at 135 Hanbury Road West, Suite D, Chesapeake, VA 23322, and you can call it at (757) 382-0098. The office handles cases only from the City of Chesapeake and represents qualifying adults and children charged with offenses that could lead to jail.

Getting a lawyer appointed

You can start the process at several points. Tell the magistrate right after your arrest that you cannot afford an attorney; tell the judge at your advisement; or, if you are out on a summons, stop by the General District Court clerk's office before your court date (pre-court line (757) 382-3119) and ask for the financial statement form used to request appointed counsel. You will be asked about your wages, savings, property, debts and the number of people you support. The judge compares your answers to state income guidelines based on the federal poverty level, and can still appoint a lawyer when your income is a bit higher but the charge is serious or your expenses are unusual. Answer truthfully, because a false statement on the form is a separate crime.

When the public defender cannot take the case

If the office has a conflict, for example because it already represents a co-defendant or a witness against you, the judge appoints a private attorney certified for court-appointed work instead. You do not get to pick the specific lawyer either way.

What it costs

You pay nothing up front. If you are convicted, though, Virginia allows the court to add a set fee for the appointed lawyer to your court costs, up to a cap that depends on the type of charge. You are always free to hire a private lawyer instead; the Virginia State Bar operates a lawyer referral service if you need a name. If you are being held without bail, ask for counsel right away, since your lawyer is the one who will push for a bond hearing.

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Inside the Chesapeake Correctional Center

The Chesapeake Correctional Center sits at 400 Albemarle Drive, beside the court complex, and is run by the Chesapeake Sheriff's Office. It houses three main groups: people awaiting trial on Chesapeake charges, people serving local jail sentences of up to 12 months, and people sentenced to more than 12 months who are waiting to be moved into the Virginia Department of Corrections. The magistrate's office is in the same building, so booking, the release decision and the posting of a bond all happen at one address.

The end of the regional jail arrangement

Until recently, Chesapeake could send some prisoners to the Hampton Roads Regional Jail in Portsmouth, a facility owned jointly with four other Hampton Roads cities. Its board voted in October 2023 to shut the jail down, and the inmates still there were returned to the cities that had sent them. Today the City of Chesapeake keeps its own pretrial population at the Correctional Center. If your relative was arrested by Virginia Beach, Norfolk or Portsmouth police, look for him or her in that city's jail instead, regardless of where the person lives.

Calling, visiting and sending money

Call the Sheriff's Office at (757) 382-6159 to confirm whether someone is in custody, what the release conditions are, and how visiting, phone accounts, mail and commissary deposits work. Have the person's full legal name and date of birth handy. Rules on visiting hours and permitted items are updated periodically, so check before you make the trip. Victims who want to be told when a particular inmate is released or transferred can sign up for the free statewide automated notification service the Sheriff participates in.

Paying a bond

A secured bond is paid at the magistrate's office inside the Correctional Center, which never closes. If you post cash, it is refunded at the end of the case once the defendant has made every court date, although the court may apply it to fines and costs first. Once a lawyer is appointed, he or she can visit the client inside the jail.

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Treatment and specialty dockets in the City of Chesapeake

Some defendants whose crimes grow out of addiction, mental illness or military service can have their cases handled on a specialty docket rather than the regular calendar. In Virginia these programs operate under the supervision of the Supreme Court of Virginia and come in three types: recovery courts, also called drug treatment courts; veterans treatment dockets; and behavioral health dockets. The City of Chesapeake has long had a drug treatment court in its Circuit Court for people facing felony charges tied to substance use.

What participation involves

Expect intensive supervision: regular appearances before the same judge, random drug tests, treatment sessions, curfews and employment or school requirements. Good progress earns rewards and fewer court dates, while relapses or missed appointments bring sanctions such as extra community service or a few days in jail. Programs commonly last at least a year. Graduates may see charges reduced or dismissed or receive a lighter sentence, depending on the agreement they signed when they entered.

How to apply

Talk to your lawyer first; referrals usually come from the defense, and the Commonwealth's Attorney typically has to consent. Program staff will assess whether you meet the legal and clinical criteria. Violent charges and sales of drugs for profit often disqualify an applicant. If you are being held at the Chesapeake Correctional Center, screening can still take place, and the team may support release on a bond with treatment conditions so that you can start.

Veterans and behavioral health dockets depend on state approval and local resources, which change over time, so confirm whether either is operating in Chesapeake by asking the public defender ((757) 382-0098) or the Circuit Court clerk ((757) 382-3000). The city does not have a separate DUI court; people convicted of DUI are instead sent to the Virginia Alcohol Safety Action Program for classes, treatment and interlock monitoring.

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Prosecution, plea offers and diversion in the City of Chesapeake

Your case is prosecuted by the Commonwealth's Attorney for the City of Chesapeake, whose office is at 307 Albemarle Drive ((757) 382-3200). Assistant Commonwealth's Attorneys screen arrests, decide which charges to pursue, present felonies to the grand jury, try cases and make plea offers. For many traffic offenses and lesser misdemeanors in the General District Court, no prosecutor is assigned, and the arresting officer presents the evidence; the office can join any case it wants, though.

Victims and witnesses can get help from the Chesapeake Victim/Witness Program at (757) 382-6794. Staff explain what to expect in court, help victims seek protective orders, sit with them during hearings, help them write impact statements and assist with restitution and claims to the state's crime victims compensation fund, all as guaranteed by the Crime Victim and Witness Rights Act.

Paths that can avoid a conviction

Drug first offenders. If you have never been convicted of a drug offense and are charged with simple possession, the court can put you on probation with testing, treatment and community service, then dismiss the charge if you comply.

Domestic assault first offenders. A first charge of assault and battery on a family or household member can be deferred by the JDR court on conditions such as an anger-management or batterer-intervention program, followed by dismissal.

Deferral by the judge. A 2020 change in Virginia law gives judges power in many cases to withhold a finding of guilt, impose conditions and dismiss the charge later, with or without the prosecutor's consent.

Plea bargains. Prosecutors can agree to reduce a felony to a misdemeanor, or a DUI to reckless driving, in exchange for a guilty plea.

Be aware that a first DUI cannot be deferred and dismissed under Virginia law. Dismissed and deferred charges, and some convictions, may become eligible for sealing under the state's record-sealing statute; ask a lawyer whether yours qualifies. Prosecutors also have a say in bail questions and can ask a judge to revoke a release if conditions are broken.

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Finding your way around the Chesapeake court buildings

Chesapeake's courts are grouped together at the city's municipal center in Great Bridge, close to City Hall. The main courthouse, at 307 Albemarle Drive, holds both the General District Court and the Circuit Court, with the circuit clerk's office in Suite 300A and the judges' chambers upstairs. The Juvenile and Domestic Relations District Court and the 1st District Court Service Unit work from the building at 301 Albemarle Drive. The jail and the magistrate are at 400 Albemarle Drive, and the juvenile detention center is at 420 Albemarle Drive.

Before you go

Deputies screen everyone who enters, so do not bring pocketknives, scissors, pepper spray or similar items. Each court sets its own rules about phones and electronic devices, and the JDR court has a written policy, so ask the clerk in advance if you need to bring a device. Give yourself extra time; the security line can back up before morning dockets begin. Wear clean, modest clothing, and bring your summons or warrant, a photo ID and any documents your lawyer asked for.

Who to call

For a new court date, a continuance or a prepayable ticket in General District Court, call the pre-court desk at (757) 382-3119; for fines, payment plans or noting an appeal after court, call (757) 382-3134. Felony scheduling and Circuit Court records go through the circuit clerk at (757) 382-3000. The JDR clerk at (757) 382-8100 handles family-abuse and juvenile matters, which are kept confidential. If you need an interpreter, let the clerk know ahead of time and the court will provide one free of charge. To post a bond for someone in custody, go to the magistrate's office at the Correctional Center, which is open overnight and on weekends.

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Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)

Misdemeanor penalties in Virginia depend on the class of the offense:

  • Class 1: as much as 12 months in jail, a fine of as much as $2,500, or both.
  • Class 2: as much as 6 months in jail, a fine of as much as $1,000, or both.
  • Class 3: a fine of no more than $500.
  • Class 4: a fine of no more than $250.

The everyday charges people face in Chesapeake are often Class 1: petit larceny (taking something worth under $1,000), assault and battery, and trespass after being told to leave or to stay off a property.

What your case will look like

You may have received a summons with a court date and never been jailed, or you may have been arrested, seen the magistrate and been released on a bond. Your first hearing in the General District Court is an advisement, where the judge confirms how you will get a lawyer and schedules trial, normally a few weeks out. On the trial date, a judge, not a jury, hears from the officer and any witnesses, and you and your lawyer can cross-examine them and present your own evidence before the judge rules.

The result could be a dismissal or acquittal, a deferral for a first offender, a fine, community service, a suspended jail sentence with probation, or time served at the Chesapeake Correctional Center. If you are convicted and disagree, you have 10 days to note an appeal to the Circuit Court, which wipes out the district court verdict and holds a brand-new trial, before a jury if you want one; be aware that the new sentence could be harsher. A misdemeanor in the City of Chesapeake usually wraps up in one to three months, plus extra time if you appeal.

If the charge is a first DUI

Even a first offense of driving under the influence is a Class 1 misdemeanor. Your license is suspended administratively for 7 days at the time of arrest. A conviction brings a mandatory minimum fine of $250, a one-year license revocation and required completion of VASAP, the Virginia Alcohol Safety Action Program. If your blood alcohol was between 0.15 and 0.20, you face a mandatory 5 days in jail; a reading over 0.20 doubles that minimum to 10 days. The judge may allow a restricted license, typically with an ignition interlock, so you can drive to work, school or treatment.

If the alleged victim is family

A charge of assaulting a spouse, ex-spouse, parent, child, sibling, the other parent of your child or anyone you live with is heard in the JDR court, and the magistrate will often issue an emergency protective order right away. First offenders may be eligible for a deferral that ends in dismissal, but a third conviction for family assault within the statutory window can be prosecuted as a felony. Qualifying defendants in either court can be represented by the Chesapeake Public Defender ((757) 382-0098).

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Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)

Felonies in Virginia are grouped into six classes, and many specific crimes carry their own statutory ranges. At the low end, a Class 6 felony means one to five years in prison or, if the judge or jury chooses, up to 12 months in jail; a Class 5 felony means one to ten years, with the same jail option; a Class 4, two to ten years; and a Class 3, five to twenty years. Here is how some frequent charges in the City of Chesapeake fit in:

  • Grand larceny, meaning theft of $1,000 or more in value, carries one to 20 years in prison, or up to 12 months in jail.
  • Burglary of a dwelling at night: a Class 3 felony, raised to Class 2 when the burglar carries a deadly weapon; other statutory burglaries are punishable by as much as 20 years.
  • Possession of a Schedule I or II drug (fentanyl, heroin and cocaine are examples) is a Class 5 felony.
  • Distribution or possession with intent to distribute: 5 to 40 years on a first offense, with mandatory minimum terms for large amounts. Marijuana possession of up to one ounce has been legal for adults 21 and over since 2021, but selling it is still illegal.
  • Malicious wounding: a Class 3 felony. Unlawful wounding, which lacks malice, is a Class 6 felony.

Step one: the preliminary hearing

Once the magistrate has ruled on bail and you have been advised of your rights, your felony goes back to the General District Court for a preliminary hearing. This is not a trial. The Commonwealth only has to show probable cause, usually through the detective or the alleged victim, and your lawyer can cross-examine those witnesses, which often reveals the strengths and weaknesses of the case. A probable cause finding sends, or certifies, your charge to the grand jury; without one, it is dismissed, although prosecutors can still go to the grand jury. You may choose to waive the hearing as part of a deal, and prosecutors sometimes skip it by seeking a direct indictment.

Step two: grand jury and trial court

A Chesapeake Circuit Court grand jury, which sits on a set schedule, reviews the evidence and returns a true bill if it finds enough to indict. You are then arraigned in Circuit Court, where you answer the indictment. The great majority of felony cases are settled by plea agreement. If yours is tried, you decide between a bench trial and a jury of 12, whose verdict must be unanimous. Since July 2021, a judge decides the sentence unless you request that the jury do it. A probation officer generally writes a presentence report, and the judge reviews Virginia's discretionary sentencing guidelines, which suggest a range the court may depart from.

Step three: timing and the sentence itself

Virginia's speedy-trial law requires trial within five months after probable cause is found at the preliminary hearing if you are in custody, and within nine months if you are free, subject to delays your side requests and other exceptions. Expect four to twelve months from arrest to sentencing in an ordinary felony case. There has been no parole for felonies committed since January 1, 1995, and earned sentence credits, which differ by offense, are the main way to shorten a term. Sentences over 12 months are served in the Virginia Department of Corrections; shorter ones are served locally at the Chesapeake Correctional Center. If you qualify, the Chesapeake Public Defender can stay with your case from the first hearing through sentencing.

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Violent felony (for example, murder, rape, robbery)

Homicide, sexual assault and armed robbery cases follow the same route as other felonies, from the General District Court to the grand jury and then the Circuit Court, but they carry the heaviest punishments in Virginia law and almost always take longer.

  • Aggravated murder (the charge once known as capital murder): a Class 1 felony that sends the offender to prison for life. Virginia ended the death penalty in 2021.
  • First-degree murder, a willful, deliberate and premeditated killing: a Class 2 felony carrying a term of 20 years up to life.
  • Second-degree murder: 5 to 40 years.
  • Rape: 5 years to life.
  • Robbery: 5 years to life.
  • Aggravated malicious wounding, where the victim is left with a permanent and significant physical impairment: a Class 2 felony.

Release before trial

No charge in Virginia now carries an automatic presumption against bail, but in a violent felony the magistrate and judges pay particular attention to the safety of the victim and the community. In practice, many people charged with murder, rape or armed robbery in the City of Chesapeake are held without release or face very high bond amounts. Your lawyer can request a bond hearing in the General District Court and appeal to the Circuit Court, presenting evidence such as steady work, family support, a stable address and a clean record. If release is denied, you will stay at the Chesapeake Correctional Center while the case is pending.

Building and trying the case

These prosecutions often turn on scientific and digital evidence: DNA, firearms examinations, cell-phone location data, surveillance footage and medical records. Testing and expert review can take months for both sides. At trial, the 12 jurors must be unanimous. After a guilty verdict, the judge sets the sentence with the guidelines as a reference, unless you asked for jury sentencing, and because parole was abolished for crimes after 1995, the time imposed is close to the time served. Plan on one to two years from arrest to verdict. Every convicted defendant has an appeal of right to the Court of Appeals of Virginia, and the Supreme Court of Virginia may take a further appeal.

Rights of victims and families

Victims, and the families of people who were killed, have rights under the Crime Victim and Witness Rights Act: to be notified of hearings, to attend, to give an impact statement before sentencing and to request restitution. Call the Chesapeake Victim/Witness Program at (757) 382-6794 for guidance through each stage; prosecutors at (757) 382-3200 confer with victims before agreeing to pleas in serious cases.

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Juveniles (under 18) arrested in the City of Chesapeake

Children under 18 who are accused of crimes in the City of Chesapeake are handled by the Chesapeake Juvenile and Domestic Relations District Court, 301 Albemarle Drive, rather than by the adult courts. In most cases the first official step is a complaint to the Court Service Unit for the 1st District, a Department of Juvenile Justice office in the same building, reachable at (757) 382-8170.

The intake decision

The intake officer who reads the complaint has three main options. The first is diversion: for a minor, first-time offense, the officer can resolve the matter without court, typically with restitution, community service, counseling, an apology letter or a short educational program. The second is a formal petition, which puts the case before a JDR judge. The third, used when the youth appears dangerous or likely to flee, is to authorize secure detention while the petition is pending.

Detention and the 72-hour hearing

Detained youths from Chesapeake are held at Chesapeake Juvenile Services, 420 Albemarle Drive ((757) 382-9788), a detention center the city operates beside the court campus. Some surrounding localities that used to place children there now send them mostly to other centers. Within 72 hours, on the next day the JDR court is in session, a judge holds a detention hearing and decides whether the child goes home to a parent, goes home under conditions such as electronic monitoring or house arrest, or stays in detention. Children are not released on bail the way adults are.

Court, counsel and possible outcomes

Juvenile cases are prosecuted by the Chesapeake Commonwealth's Attorney. A child charged with delinquency has a right to a lawyer, and when the family cannot afford one, the court appoints the public defender or a private attorney. A JDR judge hears the evidence without a jury. If the judge finds the charge proved, the disposition might be a dismissal after a period of good behavior, probation through the Court Service Unit, community-based services, restitution, counseling, a short detention stay, or, in serious or repeated cases, commitment to the Department of Juvenile Justice. Committed youths are placed at Bon Air Juvenile Correctional Center in Chesterfield County or in a community program.

When a juvenile can be tried as an adult

For certain serious felonies, a child who was at least 14 at the time can be transferred to the Circuit Court after a JDR transfer hearing, at which the judge weighs factors such as age, maturity, prior record and the nature of the offense. For the most serious charges, including murder and aggravated malicious wounding, a 16- or 17-year-old may be certified to the Circuit Court at the Commonwealth's Attorney's request after a JDR judge finds probable cause at a preliminary hearing. Adult prosecution can lead to an adult sentence, which is why an early lawyer matters so much.

In most situations Virginia keeps juvenile records confidential and closed to the public, with exceptions for older youths convicted of serious felonies. Parents with questions about intake, detention or probation can call the Court Service Unit at (757) 382-8170.

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Federal cases (U.S. District Court) from the City of Chesapeake

A federal charge arising in the City of Chesapeake is filed in the Eastern District of Virginia, and the courthouse that handles it is the Norfolk Division's Walter E. Hoffman U.S. Courthouse, 600 Granby Street, Norfolk, VA 23510. The clerk's office there can be reached at (757) 222-7202. Cases from neighboring Virginia Beach, Portsmouth, Suffolk and Norfolk are heard in the same building.

What makes a case federal

Federal prosecution generally follows an investigation by a federal agency, such as the FBI, DEA, ATF, Homeland Security Investigations or NCIS, sometimes with Chesapeake officers on a joint task force. Typical charges include drug trafficking networks, gun possession by convicted felons and others barred from owning firearms, bank robbery, crimes involving the sexual exploitation of children, and fraud against banks, insurers or federal programs. Crimes committed on federal property belong in federal court as well. Within or next to the City of Chesapeake, that can mean the Great Dismal Swamp National Wildlife Refuge along the city's southwest side and Navy land such as the Northwest Annex in the southern part of the city, as well as nearby bases including Naval Station Norfolk and Norfolk Naval Shipyard. Small violations on federal land are frequently resolved through petty-offense citations before a magistrate judge.

Who prosecutes and who defends

The U.S. Attorney's Office for the Eastern District of Virginia handles Chesapeake cases from its Norfolk branch, 101 West Main Street, Suite 8000, Norfolk, VA 23510, (757) 441-6331. If you cannot afford counsel, the court will assign either the Federal Public Defender for the Eastern District of Virginia, which has a Norfolk office at 500 East Main Street, or a private attorney from its Criminal Justice Act panel.

The federal process, step by step

Your first court event is an initial appearance before a U.S. magistrate judge, who explains the charges and your rights and arranges counsel. Federal judges set no money bail payable through a bondsman. Under the Bail Reform Act, the judge either releases you under conditions monitored by U.S. Pretrial Services or orders you detained after a hearing that ordinarily takes place within three court days of the government's motion. If you were charged by complaint, a grand jury generally has 30 days from your arrest to indict. The Speedy Trial Act then calls for trial within 70 days of the indictment or your first appearance, minus excluded time. This district has a long reputation as the "rocket docket" because it moves cases unusually fast, so deadlines arrive quickly.

A large majority of federal cases end in guilty pleas, often under written agreements with the government. If you go to trial, 12 jurors must agree unanimously. After a conviction, a U.S. probation officer prepares a presentence investigation report, and the judge works out the range under the advisory U.S. Sentencing Guidelines, subject to any mandatory minimum term Congress set for the offense, as with some drug-weight and gun charges. Parole was abolished in federal cases; with good-conduct credit, people generally serve around 85 percent of the term in a Bureau of Prisons facility, then a period of supervised release. The U.S. Court of Appeals for the Fourth Circuit hears appeals from this district.

Finding a person held on federal charges

To locate someone, type a name or register number into the Federal Bureau of Prisons inmate locator. A defendant waiting for trial may be housed in a local or regional jail that contracts with the U.S. Marshals Service, and in that case the person can also turn up on the jail's own inmate roster. Youths under 18 are seldom charged in federal court, and nearly every juvenile case from the city stays in the Chesapeake JDR court.

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The information on this page is a general overview of criminal procedure in the courts serving the City of Chesapeake, Virginia; it is not legal advice. Because court rules, programs, locations and phone numbers are revised from time to time, confirm the details with the clerk of the court handling your case, for example the Chesapeake General District Court post-court desk at (757) 382-3134. If you have been charged, consult a criminal defense lawyer, or call the Chesapeake Public Defender Office at (757) 382-0098 or ask the judge at your first hearing about an appointed attorney.

Criminal Court Process for Chesapeake City Virginia

Chesapeake 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.

Courts

HONORABLE LARRY D WILLIS SR
301 ALBEMARLE DR
CHESAPEAKE VA, 23322
757-382-8100
HONORABLE EILEEN A OLDS
301 ALBEMARLE DR
CHESAPEAKE VA, 23322
757-382-8100
CHESAPEAKE CITY CIRCUIT COURT
307 ALBEMARLE DR # 300A
CHESAPEAKE VA, 23322
757-382-3000
HONORABLE MARGORIE A ARRINGTON
307 ALBEMARLE DR # 400A
CHESAPEAKE VA, 23322
757-382-3051
HONORABLE RANDALL S SMITH
307 ALBEMARLE DR # 400A
CHESAPEAKE VA, 23322
757-382-3051
CHESAPEAKE JUVENILE COURT SVC
301 ALBEMARLE DR
CHESAPEAKE VA, 23322
757-382-8150
CHESAPEAKE CITY MAGISTRATE
400 ALBEMARLE DR # A
CHESAPEAKE VA, 23322
757-382-6534
CHESAPEAKE GENERAL DIST COURT
307 ALBEMARLE DR # 200B
CHESAPEAKE VA, 23322
757-382-3100
JUVENILE-DOMESTIC RELATIONS
301 ALBEMARLE DR
CHESAPEAKE VA, 23322
757-382-8100

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