Halifax Adult Detention Center Criminal Court Process
Criminal Court Process for Halifax County Virginia
Halifax County is a large rural county in Southside Virginia whose seat, the town of Halifax, holds the courthouse on South Main Street; its biggest town, South Boston, gave up its status as an independent city in 1995 and is now part of the county. All criminal matters are decided by three courts in that courthouse, the Halifax General District Court, the Halifax Juvenile and Domestic Relations District Court and the Halifax Circuit Court, which sit in the 10th Judicial Circuit. Cases are prosecuted by the elected Commonwealth's Attorney for Halifax County, and defendants who cannot afford a lawyer are usually represented by the Halifax Public Defender Office in South Boston. Adults held after arrest go to the Halifax Adult Detention Center, a facility of the Blue Ridge Regional Jail Authority just outside the town of Halifax.
- Halifax Circuit Court (felonies, jury trials, appeals), 8 S. Main Street, P.O. Box 729, Halifax, VA 24558; Clerk (434) 476-6211
- Halifax General District Court (misdemeanors, traffic, preliminary hearings), 8 S. Main Street, Suite 200, Halifax, VA 24558, (434) 476-3385
- Halifax Juvenile and Domestic Relations District Court, 8 S. Main Street, Courthouse Square, 1st Floor, Halifax, VA 24558, (434) 476-3388
- Magistrate, Halifax office (10th District), 1010 Blue Ridge Lane, Halifax, VA 24558, (434) 476-2071
- Commonwealth's Attorney for Halifax County, Courthouse Square, Halifax, (434) 476-2139; Victim/Witness Program (434) 476-3393
- Halifax Public Defender Office, 2201 Wilborn Avenue, South Boston, VA 24592, (434) 575-1054
- Halifax County Sheriff's Office, P.O. Box 370, Halifax, VA 24558, (434) 476-3334
- 10th District Court Service Unit (juvenile intake), 8 South Main Street, P.O. Box 1836, Halifax, VA 24558, (434) 476-3390
- Halifax Adult Detention Center (Blue Ridge Regional Jail Authority), 1010 Blue Ridge Lane, Halifax, VA 24558; custody questions through the Sheriff's Office, (434) 476-3334
Which court hears your case. In Halifax County, every misdemeanor and traffic charge starts in the Halifax General District Court, which hears cases without juries; anyone convicted there may appeal within 10 days to the Halifax Circuit Court, where the case is retried from the beginning and a jury can be requested. If the charge is an assault or another offense against a family or household member, or the case involves a juvenile, the Halifax Juvenile and Domestic Relations District Court takes it instead. Felonies receive a preliminary hearing in the General District Court (in the JDR court when a family member is the alleged victim) and, after a grand jury returns an indictment, proceed in the Halifax Circuit Court.
Where pretrial inmates are held. The Blue Ridge Regional Jail Authority runs jails for Amherst, Appomattox, Bedford, Campbell and Halifax counties and the City of Lynchburg, and its Halifax facility on Blue Ridge Lane is where people arrested in the county are booked. The county magistrate works from the same address, so an arrested person's warrant, release decision and booking usually happen in one stop. Anyone not released on bond stays there while the case is pending, though the authority can move inmates among its facilities. The Halifax County Sheriff's Office, (434) 476-3334, can help families confirm where someone is.
- Courts in Halifax 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 Halifax County
- Federal cases (U.S. District Court) from Halifax County
1. Courts in Halifax County (circuit, general district, and juvenile and domestic relations courts)
Virginia's towns do not operate courts of their own; no municipal, town or mayor's court exists anywhere in the Commonwealth. A ticket or arrest by South Boston or Halifax town officers, or by deputies in Scottsburg, Virgilina and the rest of the county, is therefore filed in the Halifax County courts on South Main Street.
Courthouse offices
- Halifax Circuit Court, 8 S. Main Street, Halifax, VA 24558; mail to P.O. Box 729, since the Post Office does not deliver to the street address. Clerk's office (434) 476-6211, open 8:30 to 4:30; judge's office (434) 476-6114.
- Halifax General District Court, 8 S. Main Street, Suite 200, Halifax, VA 24558, (434) 476-3385. The clerk handles criminal, traffic and civil filings and the financial forms for appointed counsel.
- Halifax Juvenile and Domestic Relations District Court, Courthouse Square, 1st Floor, 8 S. Main Street, Halifax, VA 24558, (434) 476-3388 or (434) 476-3389; open 8:30 to 4:30.
After-hours and intake offices
- Magistrate, Halifax office, 1010 Blue Ridge Lane, Halifax, VA 24558, (434) 476-2071. Magistrates issue warrants, emergency protective orders and the first decision on bail, day or night.
- 10th District Court Service Unit, 8 South Main Street, Halifax, VA 24558, (434) 476-3390, the main office of a unit that also covers seven neighboring counties.
Lawyers on both sides
- Commonwealth's Attorney for Halifax County, Courthouse Square, Halifax, VA 24558, main office (434) 476-2139; Victim/Witness Program (434) 476-3393
- Halifax Public Defender Office (Virginia Indigent Defense Commission), 2201 Wilborn Avenue, South Boston, VA 24592, (434) 575-1054. The office also covers Lunenburg and Mecklenburg counties. A private attorney from the court's list is appointed if the office has a conflict.
Police and sheriff
- Halifax County Sheriff's Office, P.O. Box 370, Halifax, VA 24558, (434) 476-3334
- South Boston Police Department, 640 Hamilton Boulevard, South Boston, VA 24592, (434) 575-4772
- Halifax Police Department (Town of Halifax), 70 Main Street, Halifax, VA 24558, (434) 476-2526
- Scottsburg and Virgilina: these small towns are patrolled by the Sheriff's Office, (434) 476-3334.
2. Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
A Halifax County misdemeanor can begin in one of two ways. For many shoplifting, trespass and traffic-related charges the officer simply issues a summons, and the person's only obligation is to show up in the General District Court on the listed date. For DUI, domestic assault and similar charges the person is usually arrested and taken to the magistrate on Blue Ridge Lane.
Release
The magistrate looks at the charge, the person's record and whether he or she is likely to return to court or poses a danger. Release may come on a recognizance bond, which is only a signed promise; on an unsecured bond, which costs nothing unless the person misses court; or on a secured bond, posted in cash or through a licensed bail bondsman for a nonrefundable fee. If the magistrate orders the person held, booking at the Halifax Adult Detention Center follows, and a district court judge can review the decision at a bond hearing.
First appearance
On the court's next session day the defendant is advised of the charge and of the right to a lawyer. Defendants who face possible jail and cannot pay a lawyer complete a sworn financial statement, available from the General District Court clerk at (434) 476-3385, and the judge typically appoints the Halifax Public Defender Office.
Typical charges and penalties
- Petit larceny (property under $1,000) and trespassing are both Class 1 misdemeanors, the most serious misdemeanor level, punishable by a year or less in jail and a fine not exceeding $2,500.
- Assault and battery is also Class 1; against a spouse, partner, parent, child or other household member it goes to the JDR court. A first-time defendant there may be allowed a deferred disposition that ends in dismissal, and a third conviction for assaulting a family member can rise to a felony.
- A first DUI, again Class 1, brings a minimum $250 fine; a mandatory 5 days in jail at a blood alcohol content between 0.15 and 0.20, or 10 days above 0.20; loss of the license for one year, with a restricted license and ignition interlock possible; and enrollment in VASAP. A 7-day administrative suspension starts the day of the arrest.
Class 2 misdemeanors carry up to 6 months and $1,000, Class 3 a fine up to $500, and Class 4 a fine up to $250.
How it ends
The judge, sitting without a jury, may dismiss the charge, take it under advisement as a first-offender deferral, impose a fine, suspend a jail sentence on conditions of probation, or order jail time. A defendant unhappy with the result can note an appeal to the Halifax Circuit Court within 10 days and receive a completely new trial. Expect one to three months for most cases, longer if appealed. Virginia's record-sealing law may later cover some charges and convictions.
3. Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Felony charges in Halifax County are prosecuted by the Commonwealth's Attorney and ultimately decided in the Halifax Circuit Court, but the first hearings take place in the General District Court downstairs.
The early stage
A person arrested on a felony goes before the magistrate, who sets bail terms or orders detention after weighing flight risk and danger to the public; the 2021 reforms removed the old presumption against bail for certain charges. Those detained are held at the Halifax Adult Detention Center and can ask a judge for a bond hearing, with a further appeal to the Circuit Court. At the advisement the court appoints counsel, usually the Halifax Public Defender Office, if the person qualifies.
Preliminary hearing and indictment
At the preliminary hearing, the General District Court judge hears witnesses and decides only whether probable cause exists. When it does, the judge certifies the charge to the next Halifax grand jury. The prosecutor may instead take the case straight to the grand jury by direct indictment. After indictment the defendant is arraigned in the Circuit Court.
Resolution
Plea agreements settle most Halifax felonies. Defendants who go to trial may choose a judge or a jury of 12, whose verdict must be unanimous. The judge sets the sentence, guided by Virginia's discretionary sentencing guidelines, unless the defendant elects to have the jury do it. Under Code §19.2-243, the trial generally must begin within five months after probable cause is found if the defendant is jailed, or nine months if he or she is out on bond, subject to exceptions such as continuances the defense requests.
Ranges for common felonies
- Grand larceny, when the value taken is at least $1,000, is punished by 1 to 20 years in prison, or a jail sentence of up to 12 months.
- Burglary of a home at night is a Class 3 felony (5 to 20 years), raised to Class 2 when the intruder carries a deadly weapon; a statutory burglary of some other kind is capped at 20 years.
- Possession of a Schedule I or II drug, such as cocaine, heroin or fentanyl, is Class 5 (1 to 10 years, or up to 12 months in jail). Distribution or possession with intent carries 5 to 40 years for a first offense, with mandatory minimums for large amounts. Adults 21 or older may lawfully possess an ounce of marijuana or less, though selling it remains illegal.
- Malicious wounding is Class 3; the lesser charge of unlawful wounding, with no malice proven, drops to Class 6, the lowest felony tier.
For reference, the remaining classes are Class 4 (2 to 10 years), Class 2 (20 years to life) and Class 1 (life). Parole does not exist for felonies committed since January 1, 1995, although earned sentence credits may reduce the time served, and prison terms longer than 12 months are served in the Virginia Department of Corrections. A felony case here usually takes four to twelve months.
4. Violent felony (for example, murder, rape, robbery)
Homicides, sexual assaults and robberies in Halifax County are investigated by the Sheriff's Office or the South Boston and Halifax police, often with the Virginia State Police, and tried in the Halifax Circuit Court. Each case follows the felony process described above, from magistrate to preliminary hearing to grand jury.
Custody while the case is pending
With a violent charge, a magistrate or judge is more likely to refuse release or to set a high secured bond, especially when there is evidence of a threat to the victim. Defendants who are not released remain at the Halifax Adult Detention Center and are transported to the courthouse for hearings.
Penalties
- Aggravated murder: Class 1, life imprisonment. Capital punishment was abolished in Virginia in 2021.
- Murder in the first degree: Class 2, a minimum of 20 years and a maximum of life. Murder in the second degree: the Halifax Circuit Court may impose 5 to 40 years.
- Rape: 5 years to life. Robbery: 5 years to life, depending heavily on whether a weapon was used and whether anyone was hurt.
- Aggravated malicious wounding: Class 2, so a Halifax County conviction can mean 20 years to life.
Victims, appeals and timing
The Crime Victim and Witness Rights Act entitles victims to notice of proceedings, to be consulted about plea offers in many cases and to give an impact statement at sentencing; the Commonwealth's Attorney's Victim/Witness Program, (434) 476-3393, provides that help. Because of forensic testing, mental-health evaluations and the time needed for jury trials, these cases often take one to two years. A conviction can be appealed to the Court of Appeals of Virginia and from there to the Supreme Court of Virginia.
5. Juveniles (under 18) arrested in Halifax County
Children and teenagers accused of crimes in Halifax County appear in the Halifax Juvenile and Domestic Relations District Court, on the first floor of the courthouse at 8 S. Main Street, (434) 476-3388.
The Court Service Unit decides the first step
Police complaints about a juvenile are reviewed by an intake officer of the 10th District Court Service Unit, whose main office is in the same courthouse, (434) 476-3390. The officer may divert a minor first offense away from court, authorize a petition that puts the case on the judge's docket, or approve placement in secure detention. Petitions that proceed are prosecuted by the Commonwealth's Attorney for Halifax County.
If the child is held
Youth from Halifax County who are detained usually go to the W.W. Moore, Jr. Juvenile Detention Center, 603 Colquhoun Street, Danville, VA 24541, (434) 799-5295, a regional center serving seven Southside and Piedmont localities. The JDR judge must hold a detention hearing within 72 hours of the child being taken into custody, or by the next day court is in session when the deadline falls on a weekend or holiday. The court appoints a lawyer for the child when needed.
Outcomes
- Diversion programs or informal handling that keeps the case out of court.
- Probation supervised by the Court Service Unit, often with counseling, community service, restitution and school requirements, and referrals to community programs.
- Commitment to the Department of Juvenile Justice in serious cases, which can mean Bon Air Juvenile Correctional Center or a community placement program.
Trial as an adult
If a youth was at least 14 when a serious felony was allegedly committed, the Commonwealth's Attorney may ask the JDR court to transfer the case to the Halifax Circuit Court, and a transfer hearing decides the request. A 16- or 17-year-old charged with the gravest offenses, such as murder or aggravated malicious wounding, may be certified for trial as an adult by the prosecutor after a preliminary hearing. Cases that stay in the JDR court keep their records confidential in most circumstances.
6. Federal cases (U.S. District Court) from Halifax County
Halifax County is in the Western District of Virginia. Its federal cases used to be heard in Danville, but that courthouse closed to new filings in late 2025, and the county is now assigned to the Lynchburg Division.
- U.S. District Court, Lynchburg Division, 1101 Court Street, Suite A66, Lynchburg, VA 24504; Clerk (434) 847-5722
- U.S. Attorney's Office, Western District of Virginia (headquarters), 310 1st Street SW, Room 906, Roanoke, VA 24011, (540) 857-2250
- Federal Public Defender, Western District of Virginia, Roanoke office, 210 First Street SW, Suite 400, Roanoke, VA 24011, (540) 777-0880; Criminal Justice Act panel lawyers handle cases the office cannot take
Typical federal matters
A Halifax County investigation is more likely to end up in federal court when it involves large-scale drug distribution, a firearm possessed by a convicted felon or another prohibited person, robbery of a bank, online exploitation of children, or fraud against federal programs or across state lines. Offenses on federal property, such as U.S. Army Corps of Engineers land at Kerr Reservoir, can also be federal, with minor violations sent to a magistrate judge's petty-offense docket.
From arrest to judgment
The process starts with an initial appearance before a U.S. magistrate judge. Instead of a money bail system, the Bail Reform Act lets the court release the defendant under conditions monitored by U.S. Pretrial Services or order detention, typically after a hearing held within three court days of the government's request. If the case began with a complaint, an indictment must follow within 30 days, and the Speedy Trial Act sets a 70-day target for trial that is often extended. Guilty pleas resolve most cases; trials are held before 12 jurors who must agree. A presentence investigation precedes sentencing under the advisory federal Guidelines and any statutory minimum. Federal inmates are not paroled and serve roughly 85 percent of the term in the Bureau of Prisons, then a period of supervised release. The Fourth Circuit hears appeals.
Searching for a federal inmate
The Federal Bureau of Prisons inmate locator lets families search by a person's name or BOP register number. People awaiting federal trial while housed in a local or regional jail under contract with the U.S. Marshals may also be listed on that jail's roster. Juveniles are seldom charged federally; nearly all Halifax County youth cases remain in the JDR court.
The information on this page is a general summary of criminal procedure in Halifax County, not legal advice, and arrangements such as jail assignments can change. Questions about a particular charge are best taken to a criminal defense lawyer. A court-appointed lawyer can be requested from the magistrate or the judge at the first appearance, or through the General District Court clerk at (434) 476-3385; the Halifax Public Defender Office can be reached at (434) 575-1054, and the Sheriff's Office at (434) 476-3334.
Criminal Court Process for Halifax County Virginia
Halifax 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.
