Culpeper County Jail Criminal Court Process
Criminal Court Process for Culpeper County Virginia
Culpeper County lies in the Piedmont between the Rappahannock and Rapidan rivers, and its county seat, the Town of Culpeper, is the only incorporated town inside its borders. All three local courts that handle criminal charges meet at the courthouse complex on West Cameron Street downtown: the Culpeper General District Court, the Culpeper Juvenile and Domestic Relations District Court and the Culpeper County Circuit Court, which belongs to Virginia's 16th Judicial Circuit along with Albemarle, Fluvanna, Goochland, Greene, Louisa, Madison, Orange and Charlottesville. Cases are prosecuted by the elected Culpeper County Commonwealth's Attorney. Unlike most of its neighbors, which send prisoners to a regional facility, Culpeper keeps its own lockup: adults who are not released are booked into the Culpeper County Jail, run by the Sheriff.
- Culpeper County Circuit Court and Circuit Court Clerk, Courthouse Building, 135 West Cameron Street, Culpeper, VA 22701, (540) 727-3438
- Culpeper General District Court (criminal and traffic cases), 135 West Cameron Street, Culpeper, VA 22701, (540) 727-3417
- Culpeper Juvenile and Domestic Relations District Court, 135 West Cameron Street, Culpeper, VA 22701, (540) 727-3418
- Magistrate, 16th Judicial District, Culpeper office, 131 West Cameron Street, Culpeper, VA 22701, (540) 727-3433
- 16th District Court Service Unit (juvenile intake), Culpeper branch, (540) 727-3437; district office 401-407 East High Street, Charlottesville, VA 22902, (434) 979-7191
- Culpeper County Commonwealth's Attorney, 118 West Davis Street, Suite 102, Culpeper, VA 22701, (540) 727-3441; Victim/Witness Program, 114 West Cameron Street, Culpeper, VA 22701, (540) 727-3476
- Court-appointed counsel: Culpeper County has no Virginia Indigent Defense Commission public defender office, so the court appoints private lawyers; ask the magistrate or judge, or call the General District Court clerk, (540) 727-3417
- Culpeper County Sheriff's Office, 14023 Public Safety Court, Culpeper, VA 22701, (540) 727-7520; non-emergency dispatch (540) 727-7900
- Culpeper Police Department (Town of Culpeper), 740 Old Brandy Road, Culpeper, VA 22701, (540) 727-3430
- Culpeper County Jail, 14023 Public Safety Court, Culpeper, VA 22701, (540) 727-3434; Sheriff's Office (540) 727-7520
Which court hears your case. The courtroom depends on the charge and on who the alleged victim is. Traffic offenses and misdemeanors, from reckless driving on U.S. Route 29 to shoplifting at a store on James Monroe Highway, are tried by a judge without a jury in the Culpeper General District Court; anyone convicted there has 10 days to note an appeal to the Culpeper County Circuit Court, which hears the case over again and allows a jury. When the accused is under 18, or the complaint is an assault or other offense against a family or household member, the case belongs instead to the Culpeper Juvenile and Domestic Relations District Court. Felonies open with a preliminary hearing in the General District Court (or in the juvenile court if a relative is the alleged victim), and after a grand jury returns an indictment they are tried in the Culpeper County Circuit Court.
Where pretrial inmates are held. The Culpeper County Sheriff operates a local jail at 14023 Public Safety Court, which shares an address with the Sheriff's Office, and it is listed on Virginia's state directory of local and regional jails as Culpeper County's own facility rather than part of a regional authority. People arrested by deputies, by Culpeper town officers or by the Virginia State Police anywhere in the county are booked there after they see the magistrate, and they stay there if they cannot meet the release terms. The jail's own line is (540) 727-3434. If a prisoner is later moved to another facility, the Sheriff's Office at (540) 727-7520 can say where the person is now and explain how to post bond.
- Courts in Culpeper County (circuit, general district, and juvenile and domestic relations courts)
- Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
- Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
- Violent felony (for example, murder, rape, robbery)
- Juveniles (under 18) arrested in Culpeper County
- Federal cases (U.S. District Court) from Culpeper County
Courts in Culpeper County (circuit, general district, and juvenile and domestic relations courts)
Virginia does not have municipal, town or mayor's courts, so the Town of Culpeper sends its criminal and traffic charges to the same county courts as everyone else. A ticket written by a Culpeper Police Department officer on Main Street and a warrant served by a sheriff's deputy in Brandy Station, Stevensburg, Rixeyville or Richardsville all land in the courthouse at 135 West Cameron Street.
The three courts
- Culpeper County Circuit Court (felony trials, grand jury, jury trials, appeals from the district courts), Courthouse Building, 135 West Cameron Street, Culpeper, VA 22701; Clerk of the Circuit Court (540) 727-3438
- Culpeper General District Court (misdemeanors, traffic, felony preliminary hearings, requests to change release terms), 135 West Cameron Street, Culpeper, VA 22701, (540) 727-3417; clerk's office hours 8:00 a.m. to 4:00 p.m.
- Culpeper Juvenile and Domestic Relations District Court (juvenile delinquency, family-member assaults, protective orders), 135 West Cameron Street, Culpeper, VA 22701, (540) 727-3418
The General District Court is staffed by the four judges of the 16th District, who rotate among the circuit's localities, so a given docket day in Culpeper may be presided over by a different judge than the last one.
Magistrate, prosecutor and defense lawyers
- Magistrate, 16th District, 131 West Cameron Street, Culpeper, VA 22701, (540) 727-3433. When no magistrate is on site, hearings take place by video with another 16th District office.
- Culpeper County Commonwealth's Attorney, 118 West Davis Street, Suite 102, Culpeper, VA 22701, (540) 727-3441; Victim/Witness Program, 114 West Cameron Street, Culpeper, VA 22701, (540) 727-3476
- Court-appointed attorneys: the nearest public defender office, in Charlottesville, covers only Charlottesville and Albemarle County. In Culpeper, judges appoint private lawyers who are certified for indigent work. The financial statement form is kept by the General District Court clerk, (540) 727-3417.
Police, Sheriff and juvenile intake
- Culpeper County Sheriff's Office, 14023 Public Safety Court, Culpeper, VA 22701, (540) 727-7520
- Culpeper Police Department, 740 Old Brandy Road, Culpeper, VA 22701, (540) 727-3430
- 16th District Court Service Unit, Culpeper branch, (540) 727-3437
A missed court date in Culpeper usually produces a capias, an order for the person's arrest, and it will be held against the person the next time a magistrate or judge weighs bail. Calling the clerk before the hearing date to explain a conflict is far better than not showing up.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Plenty of Culpeper misdemeanors never involve a ride to jail. For trespassing, a minor theft or many traffic crimes, the officer can issue a summons on the spot, and the person simply signs it and shows up on the date printed at the bottom. An arrest for DUI, domestic assault or a charge with an outstanding warrant is different: the officer brings the person before the magistrate on West Cameron Street.
Booking and the magistrate's decision
The magistrate decides whether there is probable cause for the charge and then sets the conditions of release. The options are a personal recognizance (a written promise to come back), an unsecured bond that costs nothing unless the person skips court, or a secured bond that must be paid in cash or posted through a licensed bail bondsman. The magistrate weighs whether the person is likely to flee and whether release would endanger anyone, and can add conditions such as staying away from the complaining witness. Anyone who cannot meet the terms is held at the Culpeper County Jail, and a lawyer can ask the district court judge to lower the amount at a bond hearing, usually on the next court day.
The first court date
At arraignment the judge reads the charge, explains the maximum punishment, and asks whether the defendant has hired a lawyer, wants one appointed or will waive counsel. If jail is a real possibility and the defendant cannot afford a lawyer, the judge reviews the financial statement and may appoint a private attorney; a defendant found guilty can later be assessed that attorney's fee. The case is then set for trial.
Trial and results
There is no jury in the General District Court, so the judge alone decides guilt. Many cases instead resolve through an agreement with the prosecutor. Outcomes range from dismissal or a deferred disposition (where a first offender completes conditions and the charge is dropped) to a fine, a suspended sentence with probation, or actual jail time. The defendant may appeal within 10 days and get a completely new trial in the Circuit Court, where a seven-person jury can be requested.
Penalties for typical charges
- Petit larceny, taking goods valued under $1,000, is a Class 1 misdemeanor that can bring a year in jail and a $2,500 fine at most.
- First-offense DUI: Class 1. The license is administratively suspended for seven days at arrest; conviction brings a minimum fine of $250, a one-year loss of the license (a restricted license with an ignition interlock may be granted), and the Virginia Alcohol Safety Action Program (VASAP). A blood alcohol content between 0.15 and 0.20 carries five mandatory days in jail, and above 0.20 the minimum is ten days.
- Assault and battery: Class 1. When the alleged victim is a family or household member the case is heard in the juvenile and domestic relations court, where a first offender may qualify for a deferred disposition; a defendant with two earlier family-assault convictions may face a felony on the third.
- Trespass: generally Class 1. For comparison, a Class 2 misdemeanor carries up to six months and $1,000, and Class 3 and Class 4 offenses are punishable by fines of up to $500 and $250.
Expect a Culpeper misdemeanor to be resolved in roughly one to three months. An appeal to the Circuit Court lengthens that.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Every Culpeper felony passes through two courtrooms in the same building: a district court judge decides whether the case should go forward, and the Circuit Court decides the outcome. The Commonwealth's Attorney's office handles the prosecution throughout.
Step by step
- Arrest, booking and release terms. The magistrate sets terms of release as in a misdemeanor case. Virginia removed the old presumption against bail for certain offenses in 2021, so the question is simply whether the person poses a flight risk or a danger. Someone held at the Culpeper County Jail may ask a judge to reconsider.
- Advisement. On the next day the General District Court sits, the defendant learns the charge and the judge settles the question of a lawyer. Culpeper has no public defender, so a qualifying defendant gets a court-appointed private attorney.
- Preliminary hearing. A few weeks later the judge hears evidence to decide whether there is probable cause. When the judge finds probable cause, the charge moves on to the grand jury; if not, it is dismissed, though prosecutors may still seek an indictment. The Commonwealth can also bypass this hearing entirely with a direct indictment.
- Indictment and arraignment in Circuit Court. After the grand jury indicts, the defendant enters a plea in the Culpeper County Circuit Court and the case is scheduled for trial.
- Plea or trial. Most felonies end in a plea agreement. A jury trial requires 12 jurors who must agree unanimously; since July 2021 the judge, not the jury, sets the sentence unless the defendant asks for jury sentencing. The state's sentencing guidelines give the judge a recommended range but are not binding.
Under Virginia's speedy-trial statute, Code § 19.2-243, a defendant who stays in jail must generally be tried within five months after the probable cause finding, and one who is out on release within nine months; continuances the defense requests and other exceptions stop the clock.
Punishment ranges
- Grand larceny, stealing $1,000 or more in value, can bring 1 to 20 years in prison, or the judge or jury may impose up to 12 months in jail instead.
- Burglary: breaking into a home at night is a Class 3 felony (5 to 20 years), and a Class 2 felony if the burglar was armed. Statutory burglary of other structures, such as a store or garage, can bring up to 20 years.
- Drug offenses: simple possession of a Schedule I or II drug such as cocaine, heroin or fentanyl is a Class 5 felony (1 to 10 years, or up to a year in jail). Distribution or possession with intent to distribute is punishable by 5 to 40 years for a first offense, and large quantities trigger mandatory minimum terms. Adults 21 or older may possess up to one ounce of marijuana legally, but selling it is still against the law.
- Malicious wounding: in the Culpeper County Circuit Court, this Class 3 felony carries 5 to 20 years. The lesser offense of unlawful wounding, which does not require malice, is Class 6, carrying 1 to 5 years or up to 12 months in jail.
Felonies committed in Virginia after January 1, 1995 carry no parole, though earned sentence credits can reduce time served. Anything over a year is served in a Virginia Department of Corrections prison rather than the local jail. Most Culpeper felony cases take four to twelve months, and some charges and convictions may later qualify for sealing under Virginia's record-sealing law.
Violent felony (for example, murder, rape, robbery)
For a homicide, sexual assault or armed robbery in Culpeper County, the Sheriff's Office or the town police may bring in the Virginia State Police for investigative help, and forensic evidence typically goes to the state's Department of Forensic Science lab. A magistrate facing a charge of serious violence looks hard at public safety, so many of these defendants are held without bond at the Culpeper County Jail while the case moves forward, though a judge can be asked to revisit that decision.
What the law provides
- Aggravated murder, Virginia's current name for what used to be capital murder, is the only Class 1 felony. Since Virginia ended the death penalty in 2021, the punishment is life imprisonment.
- First-degree murder is a Class 2 felony, punishable by 20 years to life; second-degree murder carries 5 to 40 years.
- Rape: 5 years to life in prison, and a conviction requires registration as a sex offender.
- Robbery: 5 years to life.
- Aggravated malicious wounding, which involves permanent and significant injury: Class 2, 20 years to life.
How the case unfolds
The route is the same as for any felony: magistrate, district court advisement and preliminary hearing, grand jury, then the Culpeper County Circuit Court. What differs is the pace. Lab reports, expert witnesses and the stakes of a plea offer stretch these cases to a year or two. A defendant without money is assigned a lawyer who meets Virginia's qualifications for serious felony cases. Crime victims have rights under Virginia's Crime Victim and Witness Rights Act, including notice of hearings and a chance to give an impact statement before sentencing; Culpeper's Victim/Witness Program on West Cameron Street, (540) 727-3476, explains those rights.
Juveniles (under 18) arrested in Culpeper County
When police in Culpeper County take a child under 18 into custody, the case goes to the Culpeper Juvenile and Domestic Relations District Court at 135 West Cameron Street, not to the adult General District Court. The first decisions are made by an intake officer of the 16th District Court Service Unit, a Department of Juvenile Justice office headquartered in Charlottesville with a branch in Culpeper; the Culpeper probation staff answer at (540) 727-3437.
Intake and detention
The intake officer reviews the complaint and may file a formal petition, send a minor first offense to an informal diversion plan, or, if the youth is a danger or likely to run, approve secure detention. The Department of Juvenile Justice's data for fiscal 2025 identifies the Blue Ridge Juvenile Detention Center at 195 Peregory Lane in Charlottesville, (434) 951-9340, as the facility most Culpeper youths are detained in, about 45 miles to the southwest. A child held there must get a detention hearing within 72 hours, on the next day the juvenile court is in session, and the judge appoints a lawyer when the family cannot afford one. Juvenile petitions are prosecuted by the Culpeper County Commonwealth's Attorney.
Possible results
- Diversion or dismissal; the Court Service Unit's resource list for Culpeper names OPTIONS youth intervention services, (540) 829-2129, among local programs.
- Probation with conditions like school attendance, counseling, community service or restitution, often supported by community programs funded through the Virginia Juvenile Community Crime Control Act.
- Commitment to the Department of Juvenile Justice, served at the Bon Air Juvenile Correctional Center or in a community-based placement.
When a juvenile can face adult court
A youth 14 or older charged with certain serious felonies may be transferred to the Culpeper County Circuit Court after the juvenile judge holds a transfer hearing. For the gravest charges, such as murder or aggravated malicious wounding, a 16- or 17-year-old can generally be certified for adult trial by the Commonwealth's Attorney once probable cause is found at a preliminary hearing. With limited exceptions, the records of a Culpeper juvenile case are kept from public view.
Federal cases (U.S. District Court) from Culpeper County
Culpeper County is in the Western District of Virginia, and its federal criminal cases are assigned to the Charlottesville Division, roughly an hour's drive south on U.S. Route 29.
- U.S. District Court Clerk, Charlottesville Division, 255 West Main Street, Room 304, Charlottesville, VA 22902, (434) 296-9284
- U.S. Attorney's Office, Charlottesville, U.S. Courthouse and Federal Building, 255 West Main Street, Room 130, Charlottesville, VA 22902, (434) 293-4283
- Federal Public Defender for the Western District of Virginia, Charlottesville office, 401 East Market Street, Suite 106, Charlottesville, VA 22902, (434) 220-3380; conflict cases are assigned to private lawyers on the court's Criminal Justice Act panel
What makes a Culpeper case federal
A case lands in federal court when it violates federal law and the U.S. Attorney chooses to prosecute it, often after a joint investigation with local officers. In this part of Virginia that tends to mean drug trafficking along the Route 29 and Route 15 corridors, a firearm in the hands of a convicted felon or other prohibited person, bank robbery, child sexual exploitation online, or fraud against government programs. A serious crime committed on federal property, such as a federal building, is also prosecuted in federal court, and lesser offenses on federal land go before a magistrate judge.
The federal process
Anyone arrested on a federal charge from Culpeper is brought before a U.S. magistrate judge in Charlottesville, who explains the charges and appoints the Federal Public Defender or a panel lawyer if needed. Federal court does not use money bail posted through a bondsman; instead, under the Bail Reform Act, the judge either releases the defendant on conditions monitored by U.S. Pretrial Services or orders detention, usually after a hearing held within three court days of the government's request. A defendant charged by complaint must be indicted by a grand jury within 30 days, and the Speedy Trial Act generally requires trial within 70 days, subject to many exclusions. Most cases end in a guilty plea. At trial, 12 jurors must reach a unanimous verdict. Sentencing follows a presentence report and the advisory federal Sentencing Guidelines, and mandatory minimum sentences apply to some drug and gun crimes. Federal prisoners serve their terms in the Bureau of Prisons with no parole, generally about 85 percent of the sentence, followed by supervised release. Any appeal is taken to the Fourth Circuit, the federal appellate court that sits in Richmond.
Finding someone in federal custody
To find out where a person from Culpeper is being held in the federal system, search by name or register number in the Federal Bureau of Prisons inmate locator. People awaiting trial are sometimes housed in local or regional jails under contracts with the U.S. Marshals Service, and they may then appear on that jail's inmate roster too. Federal prosecutions of juveniles are rare.
This page gives a general overview of how criminal cases move through the courts serving Culpeper County and is not legal advice. Court schedules, office locations and jail arrangements change, so confirm details with the court clerk and consult a criminal defense attorney about any specific charge. Culpeper County has no public defender office; to request a court-appointed lawyer, tell the magistrate or judge or call the Culpeper General District Court clerk at (540) 727-3417. For questions about someone in custody, call the Culpeper County Sheriff's Office at (540) 727-7520.
Criminal Court Process for Culpeper County Virginia
Culpeper 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.
