Merrimac Center Criminal Court Process
Criminal Court Process for Essex County Virginia
Essex County sits on the south bank of the Rappahannock River, and its county seat, the Town of Tappahannock, holds every court that hears local criminal cases. Misdemeanors, traffic charges, felony preliminary hearings and juvenile and family-violence matters go to the Essex General and Juvenile and Domestic Relations District Combined Court, a single court with one clerk's office, while felony trials and misdemeanor appeals belong to the Essex County Circuit Court. Both are part of Virginia's 15th Judicial Circuit, which stretches from Fredericksburg and Hanover County across the Northern Neck. The elected Essex County Commonwealth's Attorney prosecutes, and adults who are not released after arrest are taken to the Middle Peninsula Regional Security Center in Saluda.
- Essex County Circuit Court and Circuit Court Clerk, 305 Prince Street (P.O. Box 445), Tappahannock, VA 22560, (804) 443-3541
- Essex General and Juvenile and Domestic Relations District Combined Court (criminal, traffic and juvenile cases), 300 Prince Street (P.O. Box 66), Tappahannock, VA 22560, (804) 443-3744
- Magistrate's office, 15th Judicial District, c/o Essex County Sheriff's Office, 304 Prince Street, Tappahannock, VA 22560, (804) 443-4394 (limited in-person hours; other times by video)
- 15th District Court Service Unit (juvenile intake), Essex County branch; district office 615 Princess Anne Street, Fredericksburg, VA 22401, (540) 372-1068
- Essex County Commonwealth's Attorney, 309 Prince Street (P.O. Box 806), Tappahannock, VA 22560, (804) 443-6599
- Court-appointed counsel: no Virginia Indigent Defense Commission public defender office covers Essex County; the court appoints private attorneys. Ask the magistrate or judge, or call the combined court clerk, (804) 443-3744
- Essex County Sheriff's Office, 304 Prince Street (P.O. Box 955), Tappahannock, VA 22560, (804) 443-3346; department line (804) 443-3347
- Tappahannock Police Department, 104 Commerce Road (P.O. Box 266), Tappahannock, VA 22560, (804) 443-3992
- Middle Peninsula Local Probation and Pretrial Services, Tappahannock office, 305 Prince Street, Tappahannock, VA 22560, (804) 445-0600
- Middle Peninsula Regional Security Center, 170 Oakes Landing Road (P.O. Box 403), Saluda, VA 23149, (804) 758-2338
Which court hears your case. Essex County's two district courts are merged into one combined court, but each kind of case still follows its own track. A misdemeanor or traffic offense, such as shoplifting on Church Lane or a first DUI on U.S. Route 17, is heard on the general district side of the Essex combined court by a judge alone; the defendant can appeal a conviction within 10 days to the Essex County Circuit Court, which retries the case and offers a jury. Assaults and other crimes against a family or household member, and any charge involving a child, go to the juvenile and domestic relations side of the same combined court. A felony starts with a preliminary hearing in the combined court and moves to the Essex County Circuit Court once a grand jury indicts.
Where pretrial inmates are held. Essex County does not run a jail of its own. It is one of five member counties, along with King and Queen, King William, Mathews and Middlesex, that use the Middle Peninsula Regional Security Center on Oakes Landing Road in Saluda, roughly 25 miles southeast of Tappahannock. The facility was described in 2022 as holding up to 121 inmates. Call the jail at (804) 758-2338 about a person in custody, or the Essex County Sheriff's Office at (804) 443-3346 about a warrant or how to post bond.
- Courts in Essex 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 Essex County
- Federal cases (U.S. District Court) from Essex County
1. Courts in Essex County (circuit, general district, and juvenile and domestic relations courts)
Essex County's courts line a single block of Prince Street in downtown Tappahannock, next to the Sheriff's Office and the Commonwealth's Attorney. Virginia has no municipal, town or mayor's courts, so a charge written by the Tappahannock Police Department inside town limits goes to the same Essex combined court as a charge filed by a sheriff's deputy in Dunnsville, Center Cross or Champlain. Tappahannock is the county's only incorporated town.
Trial courts
- Essex County Circuit Court (felonies, grand jury, jury trials, appeals from the district courts), 305 Prince Street, Tappahannock, VA 22560; Clerk (804) 443-3541
- Essex General and Juvenile and Domestic Relations District Combined Court, 300 Prince Street, Tappahannock, VA 22560, (804) 443-3744; clerk's office open 8:00 a.m. to 4:00 p.m.
On the general district side, criminal cases are heard on Thursdays (other than fifth Thursdays): arraignments and motions are called at 8:30 a.m., cases brought by county deputies and town officers at 10:00 a.m., and Virginia State Police cases at 1:00 p.m. Juvenile and domestic relations criminal and traffic matters are set on the first, second and fourth Mondays. Judges of the 15th District rotate into Tappahannock rather than living there full-time, so dates are fixed well in advance.
Magistrate, prosecutor and defense
- Magistrate, c/o Essex County Sheriff's Office, 304 Prince Street, Tappahannock, VA 22560, (804) 443-4394. In-person coverage is limited, and at other hours the arrested person sees a 15th District magistrate by video.
- Essex County Commonwealth's Attorney, 309 Prince Street, Tappahannock, VA 22560, (804) 443-6599
- Court-appointed lawyers: Essex County is not served by a public defender office, so judges appoint private attorneys who are certified for indigent defense. The clerk at (804) 443-3744 provides the financial statement form.
Law enforcement
- Essex County Sheriff's Office, 304 Prince Street, Tappahannock, VA 22560, (804) 443-3346
- Tappahannock Police Department, 104 Commerce Road, Tappahannock, VA 22560, (804) 443-3992
- Court Service Unit, 15th District, Essex County branch office; Fredericksburg district office (540) 372-1068
Anyone who misses a court date should call the combined court clerk right away. A failure to appear can lead to a capias for arrest and can count against a person the next time a magistrate considers bail.
2. Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Many Essex County misdemeanor cases begin with a summons that a deputy or a Tappahannock officer hands over on the spot, which simply lists a Thursday court date. A custodial arrest, which is typical for DUI and domestic assault, means a trip to the magistrate first.
The magistrate and release
The magistrate reviews the officer's account, issues the warrant, and chooses among release on a personal recognizance, an unsecured bond (a promise to pay if the person fails to appear), or a secured bond that has to be posted in cash or through a licensed bail bondsman. The magistrate looks at the risk of flight and any danger to the public or the alleged victim, and may add conditions such as no contact or supervision by Middle Peninsula Local Probation and Pretrial Services. Someone who cannot post is taken to the Middle Peninsula Regional Security Center in Saluda and can ask the judge for a bond hearing at the next sitting of the combined court; a judge's denial can itself be appealed to the Circuit Court.
Arraignment, lawyer and trial
At the Thursday arraignment the judge explains the charge and asks about a lawyer. A person who could face jail and cannot afford counsel fills out a financial statement and, if eligible, receives a court-appointed private attorney; if convicted, the person may later be charged that lawyer's fee as part of court costs. Trial in the combined court is before a judge only. Many cases end with a plea or a negotiated outcome, and the possible results include dismissal, a deferred disposition for a first offender, a fine, a suspended sentence with probation, or active jail time. A conviction can be appealed within 10 days for a brand-new trial in the Essex County Circuit Court, where a jury of seven is available.
Penalties for common charges
- Petit larceny (property under $1,000): a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500.
- First DUI: Class 1, with a minimum $250 fine, a seven-day administrative license suspension at arrest, a one-year license revocation after conviction (a restricted license with an ignition interlock may be allowed), and enrollment in VASAP, the Virginia Alcohol Safety Action Program. A blood alcohol level of 0.15 to 0.20 adds five mandatory days in jail; over 0.20, ten days.
- Assault and battery: Class 1. If the alleged victim is a family or household member, the case belongs to the juvenile and domestic relations side of the combined court; a first offender may be offered a deferred disposition, and a third family-assault conviction can be charged as a felony.
- Trespass: usually Class 1. Class 2 misdemeanors carry up to 6 months and $1,000; Class 3 and Class 4 are fine-only offenses (up to $500 and $250).
A misdemeanor in Essex County usually wraps up within one to three months, and an appeal to Circuit Court adds a few more.
3. Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
A felony charge in Essex County travels through both Prince Street courthouses: it opens in the combined district court and finishes in the Circuit Court next door. The Essex County Commonwealth's Attorney handles it from start to finish.
- Arrest and magistrate. After booking, the magistrate sets the terms of release. In 2021 Virginia eliminated the old presumption against bail for certain charges, so the decision rests on flight risk and danger. A person held at the Middle Peninsula Regional Security Center can ask a district judge to reconsider.
- Advisement. On the next court day the judge explains the felony charge and appoints a private lawyer for a defendant who qualifies; no public defender office serves the county.
- Preliminary hearing. The Commonwealth must show probable cause. If the judge finds it, the case is certified to the grand jury. Prosecutors can also skip this step and seek a direct indictment.
- Grand jury and Circuit Court. After indictment the defendant is arraigned in the Essex County Circuit Court. Most cases end in a plea agreement. At trial a jury of 12 must be unanimous, and since July 2021 the judge imposes the sentence unless the defendant asks the jury to do it. Virginia's sentencing guidelines are advisory.
- Speedy trial. Under Code § 19.2-243, trial generally must begin within five months of the probable cause finding for a defendant held in jail, or nine months for one on release, subject to exceptions such as continuances the defense requests.
Ranges of punishment
- Grand larceny ($1,000 or more): 1 to 20 years in prison, or up to 12 months in jail.
- Burglary: breaking into a dwelling at night is a Class 3 felony (5 to 20 years), or Class 2 if the person was armed; other statutory burglaries carry up to 20 years.
- Drugs: possession of a Schedule I or II substance is a Class 5 felony (1 to 10 years, or up to 12 months in jail); distribution or possession with intent to distribute carries 5 to 40 years on a first offense, with mandatory minimums for large amounts. Adults 21 and older may legally possess up to an ounce of marijuana, but selling it is still a crime.
- Malicious wounding: Class 3 (5 to 20 years); unlawful wounding is Class 6 (1 to 5 years, or up to 12 months in jail).
There is no parole for felonies committed after January 1, 1995, although earned sentence credits can shorten the time served. Sentences longer than 12 months are served in the Virginia Department of Corrections. Plan on four to twelve months for an Essex County felony. Virginia's sealing law may later allow some charges and convictions to be sealed.
4. Violent felony (for example, murder, rape, robbery)
Violent felonies are uncommon in a county of about 11,000 people, and the Sheriff's Office often works these investigations alongside the Virginia State Police. Release is far from automatic: when the charge involves serious violence, the magistrate and judge give particular weight to danger to the community and to the victim, and a defendant held without bond may remain at the Middle Peninsula Regional Security Center until trial.
- Aggravated murder (what Virginia formerly called capital murder): a Class 1 felony punished by life imprisonment, since Virginia abolished the death penalty in 2021.
- First-degree murder: the Essex County Circuit Court can impose 20 years to life for this Class 2 felony. Second-degree murder: 5 to 40 years.
- Rape: 5 years to life, with sex-offender registration after conviction.
- Robbery: 5 years to life.
- Aggravated malicious wounding: a Class 2 felony that brings a Tappahannock defendant 20 years at minimum and up to life.
The process tracks the felony path above, from preliminary hearing to grand jury to the Essex County Circuit Court, but expert testimony, forensic testing and longer plea discussions make these cases slower; one to two years is common. A judge appoints an attorney qualified for serious felony work when the defendant cannot pay. Under Virginia's Crime Victim and Witness Rights Act, the Commonwealth's Attorney's victim/witness program at (804) 443-6599 keeps victims informed about hearings, release and the right to give an impact statement at sentencing.
5. Juveniles (under 18) arrested in Essex County
A child under 18 accused of a crime in Essex County comes before the juvenile and domestic relations judge of the Essex combined court, on Prince Street in Tappahannock. Before anything is filed, though, the case passes through an intake officer of the 15th District Court Service Unit, the Department of Juvenile Justice office that covers Essex County, Fredericksburg and the Northern Neck. It keeps an Essex County branch office; the district office in Fredericksburg answers at (540) 372-1068.
Intake and detention
The intake officer decides whether to file a petition, divert a minor first offense to an informal program, or ask for detention. When a youth is detained, the 15th District relies on the Merrimac Juvenile Detention Center, 9300 Merrimac Trail, Williamsburg, VA 23185, (757) 887-0225, a regional secure facility run by the Middle Peninsula Juvenile Detention Commission for the 9th and 15th District Court Service Units. A detention hearing must be held within 72 hours, on the next day the court sits. The judge appoints a lawyer if the family cannot afford one, and the Essex County Commonwealth's Attorney prosecutes juvenile petitions.
Possible outcomes
- Diversion through the Court Service Unit, or dismissal.
- Probation with conditions such as school attendance, counseling, community service or restitution, often through community programs.
- Commitment to the Department of Juvenile Justice, served at the Bon Air Juvenile Correctional Center or in a community placement.
Adult court
A youth 14 or older who is charged with certain serious felonies can be transferred to the Essex County Circuit Court after a transfer hearing in the juvenile court. For the gravest 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 once a preliminary hearing has found probable cause. Juvenile court records are confidential in most cases.
6. Federal cases (U.S. District Court) from Essex County
Federal crimes from Essex County are prosecuted in the Richmond Division of the U.S. District Court for the Eastern District of Virginia, about 50 miles southwest of Tappahannock.
- U.S. District Court Clerk, Richmond Division, Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse, 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
- Federal Public Defender for the Eastern District of Virginia, Richmond office, 701 East Broad Street, Richmond, VA 23219; private Criminal Justice Act (CJA) panel lawyers take conflict cases
- U.S. Probation and Pretrial Services, 701 East Broad Street, Suite 1150, Richmond, VA 23219
When an Essex County case goes federal
Most arrests stay in the Prince Street courts. A matter becomes federal when the conduct breaks a federal law and the U.S. Attorney decides to charge it: drug trafficking along U.S. Routes 17 and 360, a gun found with someone barred from having one, a bank robbery, online child exploitation, or fraud against federal programs. Offenses on federal property, such as units of the Rappahannock River Valley National Wildlife Refuge along the river or nearby Fort A.P. Hill in Caroline County, also go to federal court, with petty offenses heard by a magistrate judge.
How the federal case moves
The defendant first appears before a U.S. magistrate judge in Richmond, where counsel is appointed if needed. Unlike the Essex combined court, the federal court does not use a bail bond posted through a commercial company. When prosecutors ask to hold a defendant, a detention hearing generally follows within three court days, and under the Bail Reform Act the judge either orders release on conditions that Pretrial Services supervises or keeps the person in custody. A case begun by complaint needs a grand jury indictment within 30 days, and the Speedy Trial Act sets a 70-day trial clock. The Eastern District is known as the "rocket docket" because it keeps cases moving fast, so deadlines arrive quickly. Most defendants plead guilty; the rare case that is tried goes to 12 jurors, who must all agree. A presentence report feeds the advisory Sentencing Guidelines, any mandatory minimum still applies, and with no federal parole a prisoner serves about 85 percent of the term in the Bureau of Prisons before supervised release. Appeals go to the Fourth Circuit in Richmond.
Locating a federal prisoner
Relatives looking for someone from Tappahannock or elsewhere in Essex County who is in federal custody can enter a full name or register number in the Federal Bureau of Prisons inmate locator. A defendant awaiting trial in a local or regional jail that holds federal prisoners under a U.S. Marshals contract may be listed on the jail's own inmate roster as well. Federal charges against juveniles are rare.
This guide summarizes how criminal cases generally proceed in Essex County and is not legal advice; schedules, offices and jail arrangements can change. A person facing an Essex County charge is best served by speaking with a criminal defense attorney. Essex County has no public defender office, so to request a court-appointed attorney tell the magistrate or judge, or call the Essex combined court clerk at (804) 443-3744. For custody questions, call the Essex County Sheriff's Office at (804) 443-3346.
Criminal Court Process for Essex County Virginia
Essex 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.
