Chesterfield Juvenile Detention Home Criminal Court Process

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Criminal Court Process for Chesterfield County Virginia

Chesterfield County, the large suburban county south of Richmond, has its government and courts at the Chesterfield Courthouse complex on Courthouse Road (Iron Bridge Road area) in the community of Chesterfield, which serves as the county seat. Criminal charges from the county are heard by the Chesterfield General District Court, the Chesterfield Juvenile and Domestic Relations District Court and the Chesterfield Circuit Court; the circuit court is part of Virginia's 12th Judicial Circuit, which it shares with the City of Colonial Heights, although Colonial Heights keeps separate district courts and its own prosecutor. The elected Chesterfield County Commonwealth's Attorney prosecutes county cases, and a state public defender office in Chester represents people who cannot afford a lawyer. Adults who are not released after arrest are held by the Sheriff at the Chesterfield County Jail beside the courthouse, and the county also places inmates at the Riverside Regional Jail, which it co-owns with six neighboring localities.

  • Chesterfield Circuit Court and Circuit Court Clerk, Courts Building, 9500 Courthouse Road, 1st Floor (P.O. Box 125), Chesterfield, VA 23832, (804) 748-1241; Criminal Division (804) 717-6980
  • Chesterfield General District Court (criminal and traffic), 9500 Courthouse Road (P.O. Box 144), Chesterfield, VA 23832, (804) 748-1231
  • Chesterfield Juvenile and Domestic Relations District Court, 7000 Lucy Corr Boulevard, Chesterfield, VA 23832, (804) 748-1379
  • 12th District Magistrate's Office (open 24 hours), 6900 Mimms Loop, Chesterfield, VA 23832, (804) 748-1410
  • 12th District Court Service Unit (juvenile intake), 7000 Lucy Corr Boulevard, Chesterfield, VA 23832, (804) 748-1372
  • Chesterfield County Commonwealth's Attorney, 9500 Courthouse Road (P.O. Box 25), Chesterfield, VA 23832, (804) 748-1221; Victim/Witness Assistance Program (804) 796-7087
  • Office of the Public Defender, Chesterfield (Virginia Indigent Defense Commission), 5601 Ironbridge Parkway, Suite 200, Chester, VA 23831, (804) 662-7171
  • Chesterfield County Sheriff's Office, 9500 Courthouse Road (P.O. Box 940), Chesterfield, VA 23832, (804) 748-1261
  • Chesterfield County Jail, 6900 Mimms Drive, Chesterfield, VA 23832, (804) 748-1476; bond and release line (804) 318-8026
  • Riverside Regional Jail, 500 Folar Trail, North Prince George, VA 23860, (804) 524-6600
  • Chesterfield County Police Department, 10001 Iron Bridge Road, Chesterfield, VA 23832, (804) 748-1251
  • Chesterfield/Colonial Heights Community Corrections Services (pretrial services and local probation), 10111 Krause Road, Suite 202, Chesterfield, VA 23832, (804) 318-8220

Which court hears your case. A misdemeanor or traffic charge from Chesterfield County, such as shoplifting, reckless driving or a first DUI, is tried by a judge alone in the Chesterfield General District Court; there is no jury at that level, and a defendant who loses can appeal within 10 days to the Chesterfield Circuit Court, which hears the case over again and allows a jury. When the person accused is under 18, or when the alleged victim of an assault or other offense is a family or household member, the case belongs instead to the Chesterfield Juvenile and Domestic Relations District Court on Lucy Corr Boulevard. Felonies start with a preliminary hearing in the General District Court (in the JDR court if a family member is the alleged victim), and after a grand jury returns an indictment, they are tried in the Chesterfield Circuit Court.

Where pretrial inmates are held. The Chesterfield County Sheriff runs the county's own local jail on Mimms Drive, a short walk from the courts, and most people booked on Chesterfield charges are held there while their cases are pending. Chesterfield is also a member of the Riverside Regional Jail Authority, together with Charles City, Prince George and Surry counties and the cities of Colonial Heights, Hopewell and Petersburg, so some Chesterfield prisoners, especially people serving sentences or awaiting transfer to state prison, are housed at the regional jail in North Prince George. If you are trying to locate someone, start with the Chesterfield jail's main number, (804) 748-1476; the Riverside Regional Jail can be reached at (804) 524-6600.

  1. Courts in Chesterfield County (circuit, general district, and juvenile and domestic relations courts)
  2. The Chesterfield Courthouse complex and the 12th Judicial Circuit
  3. What happens after an arrest in Chesterfield County (magistrate, bail and pretrial services)
  4. The Chesterfield County Jail and the regional jail
  5. Public defender and court-appointed lawyers in Chesterfield County
  6. The Commonwealth's Attorney and diversion in Chesterfield County
  7. Specialty dockets: Recovery Court and the Veteran Treatment Docket
  8. Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
  9. Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
  10. Violent felony (for example, murder, rape, robbery)
  11. Juveniles (under 18) arrested in Chesterfield County
  12. Federal cases (U.S. District Court) from Chesterfield County

1. Courts in Chesterfield County (circuit, general district, and juvenile and domestic relations courts)

No municipal, town or mayor's court exists anywhere in Virginia, so every local criminal charge goes to a state court. Chesterfield County has no incorporated towns at all: places such as Chester, Midlothian, Bon Air, Ettrick, Matoaca and Enon are unincorporated communities, and charges written in any of them are filed in the Chesterfield General District Court, the Chesterfield JDR court or the Chesterfield Circuit Court.

Courts and clerks

  • Chesterfield General District Court (12th Judicial District; misdemeanors, traffic, felony preliminary hearings, bond hearings), 9500 Courthouse Road (P.O. Box 144), Chesterfield, VA 23832, (804) 748-1231. Its clerks work from 8:00 a.m. until 4:00 p.m., and one main number serves the criminal, traffic and civil divisions.
  • Chesterfield Juvenile and Domestic Relations District Court (12th Judicial District; juvenile delinquency, family-member assaults, protective orders), 7000 Lucy Corr Boulevard, Chesterfield, VA 23832, (804) 748-1379; the JDR clerks keep the same weekday hours.
  • Chesterfield Circuit Court (12th Judicial Circuit; felony trials, grand jury, misdemeanor appeals), 9500 Courthouse Road, 1st Floor (P.O. Box 125), Chesterfield, VA 23832. Circuit Court Clerk (804) 748-1241, Criminal Division (804) 717-6980; clerk's hours 8:00 a.m. to 4:00 p.m.

Magistrate, juvenile intake and prosecution

  • 12th District Magistrate's Office, Chesterfield (warrants and bail decisions around the clock, every day of the year), 6900 Mimms Loop, Chesterfield, VA 23832, (804) 748-1410
  • 12th District Court Service Unit (intake and juvenile probation for Chesterfield County and Colonial Heights), 7000 Lucy Corr Boulevard, Chesterfield, VA 23832, (804) 748-1372
  • Chesterfield County Commonwealth's Attorney, 9500 Courthouse Road (P.O. Box 25), Chesterfield, VA 23832, (804) 748-1221; Victim/Witness Assistance (804) 796-7087
  • Office of the Public Defender, Chesterfield, 5601 Ironbridge Parkway, Suite 200, Chester, VA 23831, (804) 662-7171

Law enforcement and custody

  • Chesterfield County Police Department (the county's primary patrol and investigating agency), 10001 Iron Bridge Road, Chesterfield, VA 23832, (804) 748-1251
  • Chesterfield County Sheriff's Office (jail, courthouse security, warrant and civil process service), 9500 Courthouse Road (P.O. Box 940), Chesterfield, VA 23832, (804) 748-1261
  • Chesterfield County Jail, 6900 Mimms Drive, Chesterfield, VA 23832, (804) 748-1476

Because the Chesterfield County Police Department, not the Sheriff, handles most patrol work, the officer who makes an arrest is usually a county police officer, while the Sheriff's deputies take over once the person is brought to the jail. Virginia State Police troopers also make arrests on Interstate 95, Interstate 295 and Route 288, and those cases go to the same Chesterfield courts. Anyone who cannot afford a lawyer can ask the magistrate or the judge to appoint the public defender, and questions about bail after the magistrate's decision go to the General District Court clerk.

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2. The Chesterfield Courthouse complex and the 12th Judicial Circuit

Nearly every step of a Chesterfield criminal case happens on one government campus near the intersection of Iron Bridge Road and Courthouse Road. The Courts Building at 9500 Courthouse Road holds the Circuit Court and its clerk's office on the first floor and the General District Court, and the Commonwealth's Attorney and the Sheriff list the same street address. The Juvenile and Domestic Relations District Court has its own building nearby on Lucy Corr Boulevard, which also houses the Court Service Unit. The magistrate's office and the jail are on the Mimms Loop and Mimms Drive side of the complex.

How the courts divide the work

  • General District Court. The 12th District's general district judges keep separate criminal and traffic dockets every weekday. Criminal and traffic cases begin calling at 8:30 a.m., with additional sessions in the morning and afternoon Monday through Thursday. Arraignments are held each weekday morning, with a 10:30 a.m. session for people who are out on bail and an 11:00 a.m. session for people still in custody, who usually appear from the jail.
  • JDR court. Juvenile delinquency petitions, adult charges involving family or household members, and protective orders are heard on Lucy Corr Boulevard.
  • Circuit Court. Six circuit judges sit in the 12th Circuit, and they hear felony arraignments, motions, jury and bench trials, sentencings and misdemeanor appeals for Chesterfield County. The same circuit also hears Colonial Heights felony cases, but those come up through the Colonial Heights district courts.

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3. What happens after an arrest in Chesterfield County (magistrate, bail and pretrial services)

Most people arrested in the county are driven to the Chesterfield Courthouse complex, where the arresting officer brings them before a magistrate in the 12th District office on Mimms Loop. After hearing the officer describe what happened, the magistrate rules on probable cause and, if it exists, issues the warrant or summons that serves as the formal charge. The same magistrate then decides whether the person can be released and on what terms.

Release decisions

Virginia magistrates weigh two questions: whether the person is likely to come back to court, and whether release would put the public or an alleged victim at risk. The possible outcomes are:

  • release on a recognizance, a written promise to appear with no money involved;
  • an unsecured bond, which sets a dollar amount that is owed only if the person fails to appear;
  • a secured bond, which must be posted in cash or property or through a licensed bail bondsman, who generally charges a nonrefundable fee and must hold a license from the state Department of Criminal Justice Services;
  • being held without bail when no conditions would be enough.

Release can come with conditions such as no contact with the complaining witness, staying away from a home, no alcohol, or supervision by pretrial services.

Pretrial services

Chesterfield/Colonial Heights Community Corrections Services, on Krause Road, runs the local pretrial program. Its staff interview newly arrested people, check employment, family and criminal history, and give the judge a recommendation for the first court appearance. When a judge orders pretrial supervision, the agency monitors the person through check-ins, drug and alcohol testing, alcohol monitoring or GPS. Its main number is (804) 318-8220.

The first court appearance

A person who stays in custody is usually brought to the General District Court's in-custody arraignment (or to the JDR court in family and juvenile cases) on the next day the court sits. The judge explains the charge, asks whether the defendant will hire a lawyer or needs one appointed, and sets the next date. Someone who cannot meet the magistrate's terms can ask the judge for a bond hearing; the General District Court clerk explains how to schedule one, and a decision there can be appealed to the Circuit Court. For information on whether a bond has been posted, the jail's release line is (804) 318-8026.

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4. The Chesterfield County Jail and the regional jail

The Chesterfield County Jail is a local jail operated by the elected Sheriff at 6900 Mimms Drive, inside the courthouse complex. Booking, fingerprinting and photographs happen there after the magistrate's decision, and people who are not released stay there for court dates in the adjoining buildings. The jail lobby is open weekdays from 8 a.m. to 5 p.m.

Useful jail numbers

Riverside Regional Jail

Chesterfield is one of seven members of the regional jail authority that owns the Riverside Regional Jail, and the Sheriff sits on the authority's board. The facility at 500 Folar Trail in North Prince George, (804) 524-6600, has at times held several hundred Chesterfield inmates. In 2021 the Sheriff began moving many Chesterfield inmates out of Riverside, and the number housed there has changed over time. Someone serving a sentence, or a person with a pending state-prison transfer, is more likely to be at Riverside than someone recently arrested. When in doubt, call the Chesterfield jail first; staff can say whether a person has been moved.

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5. Public defender and court-appointed lawyers in Chesterfield County

Chesterfield County has its own office of the Virginia Indigent Defense Commission. The Office of the Public Defender, Chesterfield, at 5601 Ironbridge Parkway, Suite 200, in Chester, (804) 662-7171, represents eligible adults and juveniles in the county's district and circuit courts.

How to get a lawyer appointed

  1. Tell the magistrate after arrest, or the judge at the arraignment, that you cannot afford to hire an attorney.
  2. Fill out the sworn financial statement the court provides; the clerk of the General District Court, (804) 748-1231, or the JDR court, (804) 748-1379, has the form.
  3. The judge reviews income, assets and household size and, if you qualify, appoints the public defender.
  4. If the public defender has a conflict (for example, it already represents a co-defendant), the judge appoints a private lawyer from the court's list of qualified attorneys instead.

A lawyer is appointed only when jail time is possible. A person who is convicted may later be charged the court-appointed attorney fee as part of court costs.

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6. The Commonwealth's Attorney and diversion in Chesterfield County

The Chesterfield County Commonwealth's Attorney is elected countywide and prosecutes felonies, many misdemeanors and juvenile cases in the Chesterfield courts. The office is at 9500 Courthouse Road, (804) 748-1221.

Victims and witnesses

Under Virginia's Crime Victim and Witness Rights Act, victims can ask to be told about court dates, plea agreements and release decisions, and they may give a victim impact statement before sentencing. The Victim/Witness Assistance Program, (804) 796-7087, explains the process, helps with protective orders and restitution, and accompanies victims to court.

Outcomes short of a conviction

  • First-offender deferred dispositions. Virginia law lets a judge defer and later dismiss certain first-time charges, such as simple drug possession and family assault and battery, if the defendant completes conditions like probation, classes and good behavior.
  • Deferred findings by agreement. In some misdemeanor cases, the prosecutor and the defense agree that the judge will hold off on a finding and dismiss the charge after community service, restitution or a class.
  • Treatment courts. For people whose charges are tied to addiction, or who are veterans, the treatment dockets described in the next section can lead to a reduced or dismissed charge. The page on treatment courts tells defendants to contact the Commonwealth's Attorney's Office to ask for an evaluation.

Community Corrections Services also runs the Center of Risk Reduction, a court-ordered program for medium- and high-risk offenders, as well as local probation for misdemeanors and nonviolent felonies.

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7. Specialty dockets: Recovery Court and the Veteran Treatment Docket

Chesterfield's treatment courts are run from the Courts Building at 9500 Courthouse Road, and both can be reached at (804) 748-1734, weekdays by appointment.

  • Recovery Court (the county's adult drug treatment court) is meant for adults with a substance use disorder who face a nonviolent felony. The charge itself does not have to be a drug offense, but people with a prior violent conviction or a drug distribution conviction are excluded. Participants are supervised closely for many months, with frequent court appearances, drug testing and treatment.
  • Veteran Treatment Docket, which began as a pilot in December 2023, serves defendants who served in the military and received a discharge that was not punitive. It pairs court supervision with veterans' services and mentoring.

A person with a pending Chesterfield charge who wants to be considered for either program should raise it with a defense attorney and ask the Commonwealth's Attorney's Office for a screening; Community Corrections Services does the eligibility review. Participation is voluntary, usually requires a guilty plea or an agreed set of facts, and can last a year or more. Failing the program can lead to sentencing on the original charge.

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

Shoplifting at the county's large retail corridors along Midlothian Turnpike and Hull Street Road, DUI stops on Route 288 and the interstates, and domestic calls make up much of the Chesterfield misdemeanor caseload.

From arrest to the first hearing

After an arrest, the magistrate sets release terms, which for most misdemeanors means recognizance or an unsecured bond. A person who cannot be released goes to the Chesterfield County Jail and is arraigned the next court day. At arraignment the judge asks about counsel; a defendant facing possible jail who cannot afford a lawyer can ask for the public defender, (804) 662-7171.

Trial in General District Court

Misdemeanor trials in the General District Court are bench trials: a judge hears the officer, any witnesses and the defendant and decides the case the same day. Family assault cases follow the same pattern in the JDR court. Many cases resolve before trial through a plea, a reduction to a lesser charge, or a deferred disposition. A defendant who is convicted can note an appeal within 10 days and get a new trial in the Circuit Court, with the option of a jury.

Penalties for the listed charges

  • Petit larceny (theft of goods valued under $1,000): Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.
  • First DUI: Class 1 misdemeanor with a mandatory minimum $250 fine; a mandatory 5 days in jail if the blood alcohol content was 0.15 to 0.20, and 10 days if it was above 0.20; a one-year license revocation, with a restricted license and ignition interlock possible; enrollment in VASAP; and a 7-day administrative suspension of the license at the time of arrest.
  • Assault and battery: Class 1 misdemeanor. Against a family or household member it is heard in the JDR court, a first offender may qualify for a deferred disposition, and a third family-assault conviction can be charged as a felony.
  • Trespassing: Class 1 misdemeanor.

Lower classes carry less: a Class 2 misdemeanor up to 6 months and $1,000, a Class 3 a fine up to $500, and a Class 4 a fine up to $250. Typical outcomes are dismissal, a deferred disposition, a fine, a suspended sentence with local probation through Community Corrections, or jail time. Most Chesterfield misdemeanors are finished within one to three months, longer if the case is appealed. Down the road, some Chesterfield charges and convictions may qualify for sealing under Virginia's newer record-sealing statute.

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

Chesterfield felony cases are investigated mainly by the county police and prosecuted by the Commonwealth's Attorney in the 12th Judicial Circuit. Car break-ins and larcenies from retail stores, opioid and fentanyl cases, and residential burglaries are among the most common charges.

The path through the courts

  1. Magistrate and bail. The magistrate issues the felony warrant and sets release terms; a person who is not released is booked into the Chesterfield County Jail. A judge can review the decision at a bond hearing, and that ruling can be appealed to the Circuit Court.
  2. Arraignment and counsel. At the first General District Court appearance (JDR court if the alleged victim is a family member), the judge appoints the public defender or confirms that private counsel has been hired.
  3. Preliminary hearing. The district court judge decides whether there is probable cause. When the judge finds probable cause, the charge is "certified" for the grand jury to consider; without that finding, the charge is dismissed, though the prosecutor may still seek an indictment. Prosecutors sometimes skip this hearing by going directly to the grand jury.
  4. Grand jury and Circuit Court. After indictment the case moves to the Chesterfield Circuit Court for arraignment, motions and a trial date.
  5. Plea or trial. Most felonies end in a plea agreement. At trial, a 12-person jury must reach a unanimous verdict, or the defendant can choose a judge trial. Since July 2021 the judge imposes the sentence unless the defendant asks for the jury to do so, and the judge considers Virginia's voluntary sentencing guidelines and a presentence report.

Ranges of punishment

  • Grand larceny (stolen property worth at least $1,000): a prison term of 1 to 20 years, or a jail sentence of 12 months or less.
  • Burglary: breaking into a dwelling at night is a Class 3 felony (5 to 20 years), and a Class 2 felony if the person was armed; most other forms of statutory burglary are punishable by as much as 20 years.
  • Possession of a Schedule I or II drug (fentanyl, heroin and cocaine all fall in these schedules): a Class 5 felony, punishable by one to ten years in prison or by a jail term of up to a year; a first offender may qualify for a deferred disposition.
  • Distribution or possession with intent to distribute: the range for a first offense runs from 5 to 40 years, and dealing in large quantities brings mandatory minimum sentences. Adults 21 and over may legally possess up to one ounce of marijuana, but selling it is still a crime.
  • Malicious wounding: Class 3 felony (5 to 20 years); unlawful wounding, which requires no proof of malice, is a Class 6 felony with a range of one to five years or a jail term of up to a year.

Virginia's speedy-trial statute requires trial within 5 months of the probable-cause finding for a defendant held in custody, and within 9 months for one who is released, with exceptions for continuances. Felonies committed after January 1, 1995 carry no parole, though earned sentence credits can shorten time served. Sentences of more than 12 months are served in the Virginia Department of Corrections. A typical Chesterfield felony takes four months to a year from arrest to sentencing.

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

In a homicide, sexual assault or armed robbery case, the Chesterfield County Police Department's detectives usually make the arrest, and the Commonwealth's Attorney assigns an experienced prosecutor early. Magistrates and judges look closely at danger to the community in these cases, and a defendant is often held without bail or under a high secured bond at the Chesterfield County Jail while the case is pending. The 2021 change in Virginia law removed the old presumption against release for certain charges, but the seriousness of the accusation still weighs heavily.

Possible penalties

  • Aggravated murder (Virginia's name, since 2021, for what used to be capital murder): Class 1 felony, life imprisonment. Virginia abolished the death penalty in 2021.
  • First-degree murder: the Chesterfield Circuit Court sentences this Class 2 felony at 20 years to life. Second-degree murder: 5 to 40 years.
  • Rape: 5 years to life; a conviction also requires registering as a sex offender.
  • Robbery: 5 years to life, with added mandatory time when a firearm is used.
  • Aggravated malicious wounding: also Class 2, so a Chesterfield conviction carries no less than 20 years and up to life.

What to expect

These cases usually take one to two years. Lab work, expert witnesses and mental-health evaluations add months, and defendants often waive the speedy-trial deadline. The public defender's office handles many serious felonies; for the most serious charges the court may appoint a lawyer who is specially qualified. Victims receive notice and support through the Commonwealth's Attorney's Victim/Witness Assistance Program, and they may address the court at sentencing.

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11. Juveniles (under 18) arrested in Chesterfield County

Young people accused of crimes in Chesterfield County go to the Chesterfield Juvenile and Domestic Relations District Court at 7000 Lucy Corr Boulevard, (804) 748-1379. The 12th District Court Service Unit, in the same building, (804) 748-1372, provides intake and juvenile probation for Chesterfield and Colonial Heights.

Intake

When police bring a complaint against a child, a Court Service Unit intake officer reviews it and makes the first decision: file a formal petition, divert the case informally (for example, with an apology, restitution, counseling or community service), or, for serious charges or a risk of flight or harm, authorize detention. The Commonwealth's Attorney prosecutes petitions that go forward, and the public defender's office or an appointed lawyer represents the child.

Detention

A youth who is detained is taken to the Chesterfield Juvenile Detention Center, a secure facility at 9600 Krause Road, (804) 748-1460. A detention hearing before a JDR judge must be held within 72 hours, or on the next day the court sits if that period ends on a weekend or holiday; the judge decides whether the child can go home, possibly with electronic monitoring or other conditions.

Possible outcomes

  • dismissal, informal diversion, or a deferred finding;
  • probation supervised by the Court Service Unit, with conditions such as school attendance, curfews, counseling and restitution;
  • local community programs, or a short post-dispositional stay in detention;
  • commitment to the Department of Juvenile Justice, which may mean the Bon Air Juvenile Correctional Center, located in the Bon Air area of Chesterfield County, or a community placement.

Trial as an adult

A child 14 or older who is charged with certain serious felonies can be transferred to the Chesterfield Circuit Court after a transfer hearing in the JDR court. For the most serious charges, 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 court records are confidential in most cases, and families should ask the public defender or a private lawyer about how a record can be limited later.

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12. Federal cases (U.S. District Court) from Chesterfield County

For federal purposes, Chesterfield County belongs to the Richmond Division of the Eastern District of Virginia's U.S. District Court. A federal charge from the county is handled in downtown Richmond, roughly 15 miles north of the Chesterfield Courthouse, in the Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse.

  • U.S. District Court Clerk, Richmond Division, 701 East Broad Street, Richmond, VA 23219, (804) 916-2220
  • U.S. Attorney's Office, Richmond, 919 East Main Street, Suite 1900, Richmond, VA 23219, (804) 819-5400
  • Office of the Federal Public Defender (Eastern District of Virginia), Richmond, 701 East Broad Street, Richmond, VA 23219; private lawyers on the Criminal Justice Act panel take cases the office cannot
  • U.S. Probation and Pretrial Services, Richmond, 701 East Broad Street, Suite 1150, Richmond, VA 23219

When a Chesterfield case becomes federal

Federal prosecutors in Richmond often take cases that begin with Chesterfield police or regional task forces: drug trafficking along Interstate 95, possession of firearms by convicted felons, bank and commercial robberies, fraud and identity theft, and online child exploitation. Federal land also matters here. The Defense Supply Center Richmond sits in the county's northern end, a unit of Richmond National Battlefield Park is at Drewry's Bluff, and Fort Lee is just to the southeast in Prince George County; offenses on federal property can go to the federal court, and minor ones are heard on the Richmond Division's petty-offense docket before a magistrate judge.

How the federal process works

Someone arrested on a federal charge from Chesterfield first sees a U.S. magistrate judge in Richmond, who explains the charge and appoints counsel when the person cannot pay for one. Prosecutors who want the defendant held must ask for a detention hearing, which normally takes place within three court days. Federal court does not use money bail or commercial bondsmen the way state court does; under the Bail Reform Act the judge either releases the person on conditions supervised by Pretrial Services or orders detention. A case started by complaint must be indicted by a grand jury within 30 days, and the Speedy Trial Act generally requires trial within 70 days. The Eastern District is nicknamed the "rocket docket" for moving cases quickly, so defendants and families should expect a fast schedule.

Most defendants plead guilty. Those who go to trial face a 12-person jury that must agree unanimously. Before sentencing, a probation officer prepares a presentence report, and the judge considers the advisory federal Sentencing Guidelines along with any mandatory minimum. Federal parole was abolished, so prisoners generally serve about 85 percent of the sentence in the Bureau of Prisons, then a term of supervised release. Appeals go to the U.S. Court of Appeals for the Fourth Circuit, which also sits in Richmond.

Looking up someone in federal custody

Families can check the Federal Bureau of Prisons inmate locator, which accepts either a name or a register number. Because the Marshals Service contracts with some local and regional jails, a federal defendant awaiting trial may also turn up on the roster of the jail holding them. Federal charges against juveniles are rare, and nearly all Chesterfield youth cases stay in the JDR court.

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This page offers general information about criminal cases in Chesterfield County, Virginia, and is not legal advice; court schedules, programs and jail arrangements change. Anyone charged with a crime should speak with a Virginia criminal defense lawyer. To ask about a court-appointed attorney, contact the Office of the Public Defender, Chesterfield, at (804) 662-7171 or the General District Court clerk at (804) 748-1231; for custody questions, call the Sheriff's Office at (804) 748-1261.

Criminal Court Process for Chesterfield County Virginia

Chesterfield 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.

Courts

CORP OF THE PRESIDING BISHOP
8110 VIRGINIA PINE CT
N CHESTERFIELD VA, 23237
804-275-1460
JUDICIARY CIRCUIT COURTS
9500 COURTHOUSE RD
CHESTERFIELD VA, 23832
804-748-1138
CHESTERFIELD GENERAL DIST CRT
9500 COURTHOUSE RD
CHESTERFIELD VA, 23832
804-748-1231
CIRCUIT COURT-DEEDS RECORDING
9500 COURTHOUSE RD
CHESTERFIELD VA, 23832
804-748-1285

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