Pamunkey Regional Jail Criminal Court Process
Criminal Court Process for Hanover County Virginia
Hanover County lies just north of Richmond, between the Chickahominy and North Anna rivers, and its county seat is the community of Hanover, where every court sits on County Complex Road beside the colonial-era Hanover Courthouse. Criminal charges are heard in three local courts: the Hanover General District Court, the Hanover Juvenile and Domestic Relations District Court, and the Hanover Circuit Court, which belongs to Virginia's 15th Judicial Circuit. The Hanover County Commonwealth's Attorney prosecutes for the county alone, including cases brought by the police in the Town of Ashland. Adults who are not released after arrest are held at the Pamunkey Regional Jail, a few miles from the courthouse.
- Hanover Circuit Court and Circuit Court Clerk, 7530 County Complex Road (P.O. Box 39), Hanover, VA 23069, (804) 365-6151
- Hanover General District Court, District Courts Building, 7530 County Complex Road, 1st Floor (P.O. Box 176), Hanover, VA 23069; traffic and criminal division (804) 365-6191
- Hanover Juvenile and Domestic Relations District Court, 7530 County Complex Road (P.O. Box 86), Hanover, VA 23069, (804) 365-6200
- Magistrate, 15th District, Hanover office, at the regional jail, 7240 Courtland Farm Road, Hanover, VA 23069, (804) 365-6206
- 15th District Court Service Unit (juvenile intake), Hanover branch, intake (804) 365-6201
- Hanover County Commonwealth's Attorney, Hanover Courthouse, 7530 County Complex Road (P.O. Box 470), Hanover, VA 23069, (804) 365-6185
- Court-appointed counsel: Hanover County has no Virginia Indigent Defense Commission public defender office, so the judge appoints a private lawyer; ask the magistrate or judge, or call the General District Court clerk, (804) 365-6191
- Hanover County Sheriff's Office (the county's primary law enforcement agency), 7522 County Complex Road, Hanover, VA 23069, (804) 365-6110; non-emergency (804) 365-6140
- Ashland Police Department, 601 England Street, Ashland, VA 23005, (804) 412-0610
- Pamunkey Regional Jail, 7240 Courtland Farm Road (P.O. Box 510), Hanover, VA 23069, (804) 365-6400
Which court hears your case. Traffic offenses and misdemeanors from anywhere in Hanover County, whether a reckless-driving stop on Interstate 95 or a shoplifting charge at a store in Mechanicsville, go to the Hanover General District Court. A judge decides those cases without a jury, and a defendant who loses has 10 days to note an appeal to the Hanover Circuit Court, which retries the case from the beginning and can seat a jury. The Hanover Juvenile and Domestic Relations District Court takes charges against anyone under 18 and adult charges of assault or other offenses against a family or household member. A felony starts with a preliminary hearing in the General District Court (or in the JDR court when the alleged victim is a relative or household member), and after a grand jury indictment it is tried or resolved by plea in the Circuit Court.
Where pretrial inmates are held. Hanover County no longer runs a jail of its own. The Pamunkey Regional Jail on Courtland Farm Road, operated by a regional jail authority, holds pretrial and sentenced adults for Hanover County and Caroline County, and the Town of Ashland also uses it for people its officers arrest. The jail's main number is (804) 365-6400. The magistrate's office is in the same building, so a person brought in by a deputy or an Ashland officer usually sees the magistrate there, and a family can learn the bond amount by calling the jail once that hearing is over.
- Courts in Hanover 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 Hanover County
- Federal cases (U.S. District Court) from Hanover County
1. Courts in Hanover County (circuit, general district, and juvenile and domestic relations courts)
Hanover keeps its whole court system on one campus along County Complex Road, off U.S. Route 301 in the village of Hanover. Virginia has no municipal, town or mayor's courts, so charges written by the Ashland Police Department in the Town of Ashland, the county's only incorporated town, go to the same Hanover General District Court and JDR court as charges from Mechanicsville, Montpelier, Doswell or Beaverdam. The Sheriff's Office serves as the county's police force; Hanover has no separate county police department.
The three trial courts
- Hanover General District Court, District Courts Building, 7530 County Complex Road, 1st Floor, Hanover, VA 23069; traffic and criminal (804) 365-6191. Counter hours: 8:00 to 4:00 on weekdays, with payments accepted until 3:45.
- Hanover Juvenile and Domestic Relations District Court, 7530 County Complex Road, Hanover, VA 23069, (804) 365-6200; weekday hours 8:00 to 4:00
- Hanover Circuit Court (15th Judicial Circuit), 7530 County Complex Road, Hanover, VA 23069; Clerk of the Circuit Court (804) 365-6151, staffed until 4:30 in the afternoon
Offices that handle a criminal case
- Magistrate's office (warrants, release decisions, around the clock), at the Pamunkey Regional Jail, 7240 Courtland Farm Road, Hanover, VA 23069, (804) 365-6206
- Commonwealth's Attorney, 7530 County Complex Road, Hanover, VA 23069, (804) 365-6185; the office runs a Victim-Witness Assistance Program for crime victims
- Court Service Unit, 15th District, Hanover branch (juvenile intake and probation), (804) 365-6201
- Hanover County Sheriff's Office, 7522 County Complex Road, Hanover, VA 23069, (804) 365-6110
- Ashland Police Department, 601 England Street, Ashland, VA 23005, (804) 412-0610
Because no public defender office covers the county, the courts keep a list of private lawyers who take appointments, and the General District Court clerk at (804) 365-6191 handles the financial statement used to decide eligibility. A person held at Pamunkey who thinks the bail set by the magistrate is too high can ask a General District Court judge to review it.
2. Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
With Interstates 95 and 295 and a busy retail corridor along Route 360 in Mechanicsville, much of Hanover's misdemeanor docket comes from traffic stops and store thefts.
The magistrate and release
A deputy or Ashland officer takes the arrested person to the Pamunkey Regional Jail, where booking includes fingerprints and a photograph. The magistrate on duty, sometimes appearing by video, reviews the officer's account, issues the warrant, and decides whether the person can go home. The choices are release on recognizance (a personal promise to appear), an unsecured bond that is owed only if the person misses court, or a secured bond paid in cash or posted through a licensed bail bondsman, who charges a nonrefundable fee. The magistrate looks at the risk of flight and the danger to others, and may add conditions such as no contact with the complaining witness.
Court dates in Hanover
Someone who stays in custody is brought before a General District Court judge, often by video from the jail, on the next day that court is in session. At that arraignment the judge reads the charge, asks whether the defendant will hire a lawyer, and can appoint one from the court's list if the defendant qualifies financially and jail is possible. The judge can also reconsider the release terms. The trial is a bench trial: the judge alone hears the officer and any witnesses and decides the case. A family-member assault follows the same pattern in the JDR court instead.
Penalties for the listed charges
- Petit larceny (property worth less than $1,000) and trespass: Class 1 misdemeanors, punishable by up to 12 months in jail and a fine up to $2,500.
- Assault and battery: also Class 1. Against a family or household member it is heard in the JDR court; a first offender may be offered a deferred disposition that ends in dismissal after counseling and good behavior, while a third family-assault conviction can be charged as a felony.
- First DUI: a Class 1 misdemeanor with a mandatory minimum fine of $250, a seven-day administrative license suspension at arrest, a one-year revocation after conviction (a restricted license with an ignition interlock is often possible), and enrollment in VASAP, the Virginia Alcohol Safety Action Program. A blood alcohol level of 0.15 to 0.20 adds a mandatory 5 days in jail; above 0.20 the mandatory term is 10 days.
Common results are dismissal, a deferred disposition, a fine, or a suspended jail sentence with probation, and some cases end with active jail time served at Pamunkey. A General District Court conviction can be appealed to the Hanover Circuit Court within 10 days, and the case is then tried again from scratch. Most misdemeanors in Hanover wrap up in one to three months; an appeal adds several more. Some charges and convictions can later be sealed under Virginia's record-sealing law, depending on the offense and the outcome.
3. Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Hanover's felony cases often involve drugs carried along the interstates, thefts from homes and vehicles in the growing subdivisions near Mechanicsville, and break-ins at rural properties.
How a felony moves through the Hanover courts
- Arrest and the magistrate. The person is booked at the Pamunkey Regional Jail and seen by the magistrate, who can grant release on recognizance or set a secured or unsecured bond. Since 2021 Virginia law no longer presumes that people charged with certain crimes must be held; the magistrate weighs each person's flight risk and danger instead. A General District Court judge can revisit that decision at a bond hearing, and the ruling can be appealed to the Circuit Court.
- Arraignment and a lawyer. At the first appearance the General District Court judge confirms the charge and settles the question of counsel. A defendant who cannot afford a lawyer completes a financial statement, and the judge appoints a private attorney from the court-appointed list, since Hanover has no public defender office.
- Preliminary hearing. A General District Court judge hears enough evidence to decide whether there is probable cause. A judge who finds probable cause certifies the charge for Hanover's grand jury; prosecutors can bypass this step through a direct indictment, and some charges are reduced to misdemeanors at this stage.
- Grand jury and Circuit Court. A Hanover grand jury decides whether to indict, and the case then belongs to the Hanover Circuit Court, where the defendant is arraigned again and a trial date is set.
- Plea or trial. Most felonies end in a plea agreement. A trial can be heard by a judge or by a jury of 12, whose verdict must be unanimous. Since July 2021 the judge imposes the sentence unless the defendant asks the jury to do it, and Virginia's sentencing guidelines are advisory.
Penalty ranges
- Grand larceny ($1,000 or more): punishable in Hanover County by a prison term of 1 to 20 years or a jail term of up to 12 months.
- Burglary: breaking into a home at night is a Class 3 felony (5 to 20 years), or Class 2 if the person was armed; other statutory burglaries can carry up to 20 years.
- Possession of a Schedule I or II drug: a Class 5 felony, 1 to 10 years or up to 12 months in jail. Selling, or holding drugs with intent to sell, exposes a first offender to a range of 5 to 40 years, and large amounts trigger mandatory minimums. Marijuana is the exception for adults: those 21 or over may lawfully have an ounce or less, though any sale is illegal.
- Malicious wounding: a Class 3 felony; unlawful wounding, which lacks the intent element, is a Class 6 felony (1 to 5 years, or up to 12 months in jail).
Under the speedy trial statute, Code § 19.2-243, a defendant held in custody should be tried within 5 months of the probable cause finding, or within 9 months if released, subject to exceptions such as continuances the defense requests. Hanover defendants convicted of a felony committed since 1995 are not eligible for parole, but earned sentence credits may cut the time somewhat, and anyone ordered to serve more than a year goes to a state prison run by the Department of Corrections. A typical Hanover felony takes four months to a year from arrest to sentencing.
4. Violent felony (for example, murder, rape, robbery)
Violent felonies in Hanover are investigated by the Sheriff's Office, or by the Ashland Police Department inside town limits, often with help from the Virginia State Police and the state forensic laboratory.
Custody before trial
A magistrate or judge can refuse bail when there is clear evidence of danger to the community or a likelihood the defendant will flee, so many people charged with homicide, rape or armed robbery remain at the Pamunkey Regional Jail until the case is over. The defense can request a bond hearing in the General District Court and appeal the decision to the Circuit Court.
What the charges carry
- Aggravated murder (formerly capital murder): a Class 1 felony punished by life imprisonment. Virginia ended the death penalty in 2021.
- Murder in the first degree carries 20 years to life as a Class 2 felony, while second-degree murder carries 5 to 40 years.
- Rape: a range of five years up to life in prison, and the person must register as a sex offender.
- Robbery: 5 years to life, with additional penalties when a firearm is used.
- Aggravated malicious wounding, which involves permanent and significant injury, is punished in the same Class 2 range.
Victims and timeline
Virginia's Crime Victim and Witness Rights Act entitles victims to information about court dates and release decisions, to protection from intimidation, and to give a victim impact statement before sentencing. In Hanover those services come through the Commonwealth's Attorney's Victim-Witness Assistance Program at (804) 365-6185. Forensic testing, expert witnesses and plea negotiations mean that violent-felony cases in the Hanover Circuit Court usually take one to two years.
5. Juveniles (under 18) arrested in Hanover County
A child accused of a crime in Hanover County, including the Town of Ashland, goes to the Hanover Juvenile and Domestic Relations District Court at 7530 County Complex Road, (804) 365-6200. The juvenile system aims at rehabilitation, but serious felonies can still lead to secure confinement.
Intake at the Court Service Unit
The 15th District Court Service Unit, a Department of Juvenile Justice office with a Hanover branch, handles intake; the intake number is (804) 365-6201. An intake officer reviews the complaint and decides whether to file a petition with the court, to handle a minor first offense through diversion (for example, an apology, community service or a short program) or, for a serious or repeat matter, to authorize detention. The Hanover County Commonwealth's Attorney prosecutes the cases that go forward.
Detention
Hanover County has no juvenile detention center of its own. The county's resource list for families names the Merrimac Juvenile Detention Center at 9300 Merrimac Trail in Williamsburg, (757) 887-0225, as the facility for detained Hanover youth, although the state can place a child elsewhere when beds are full. A detained child must have a detention hearing before the JDR judge within 72 hours, or on the next day the court sits, and the judge appoints a lawyer if the family has not hired one.
Possible outcomes
- Dismissal, informal diversion, or a finding of "not innocent" followed by probation with conditions such as school, counseling, curfew and restitution.
- Community programs and services coordinated through the Court Service Unit.
- In the most serious cases, a commitment to the Department of Juvenile Justice; committed youth go either to the Bon Air Juvenile Correctional Center or to a community placement program closer to home.
When a Hanover County juvenile can be tried as an adult
If a child was 14 or older and is charged with certain serious felonies, the prosecutor can ask the JDR judge to hold a transfer hearing, and the case can then move to the Hanover Circuit Court. For the gravest charges, such as murder or aggravated malicious wounding, a 16- or 17-year-old may be certified to the Circuit Court by the Commonwealth's Attorney once the JDR court finds probable cause at a preliminary hearing. Outside those situations, juvenile court records are confidential in most cases.
6. Federal cases (U.S. District Court) from Hanover County
For federal court purposes, Hanover County is assigned to the Eastern District of Virginia, specifically its Richmond Division. Federal charges from the county are filed and heard at the Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse in downtown Richmond, about 20 miles south of the Hanover courts.
- Richmond federal courthouse, Clerk of Court, 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, Eastern District of Virginia, Richmond office, 701 East Broad Street, Richmond, VA 23219; private lawyers on the Criminal Justice Act panel take cases the office cannot
What makes a Hanover case federal
The interstate corridor through the county brings federal drug-trafficking and gun cases, including possession of a firearm by a convicted felon. Bank robbery, child exploitation online, and fraud involving banks, mail or federal benefits are also prosecuted federally. Parts of the Richmond National Battlefield Park, such as the Cold Harbor battlefield, are in Hanover, and offenses on that federal land, as on the Fort Lee and Fort A.P. Hill posts farther away, are handled by the Richmond Division, with minor ones on a magistrate judge's petty-offense docket.
The federal process
Someone arrested on a federal charge is first taken before a U.S. magistrate judge in Richmond, who reads the charges and, for an eligible defendant, appoints a lawyer. A commercial bail bond is never an option in a Richmond federal case. When prosecutors want the defendant held, the judge normally schedules a detention hearing for no later than three court days out, and then, applying the Bail Reform Act, sets release conditions that U.S. Pretrial Services will enforce or orders the person detained. A case begun by complaint must be indicted by a grand jury within 30 days, and the Speedy Trial Act sets a 70-day clock for trial. The Eastern District's "rocket docket" has a reputation for moving cases quickly, so continuances are harder to get than in many courts.
Most defendants plead guilty. A Hanover defendant who insists on trial gets twelve jurors, and every one must agree. A federal probation officer's presentence report comes next, and the sentencing judge works from the advisory Guidelines while honoring any mandatory minimum the statute requires. Federal prisoners have no parole and serve about 85 percent of the sentence in the Bureau of Prisons, followed by supervised release. An appeal from Hanover's federal cases is heard by the U.S. Court of Appeals for the Fourth Circuit, whose courthouse is also in Richmond.
Locating a federal prisoner
To look up someone in federal custody, use the Federal Bureau of Prisons inmate locator and search by name or by register number. Federal pretrial detainees are sometimes boarded in local or regional jails that contract with the U.S. Marshals, and in that case the person's name can appear on the housing jail's roster as well. Federal prosecution of people under 18 is rare; nearly every juvenile case from Hanover stays in the JDR court.
This page gives a general overview of how criminal cases move through the Hanover County courts. It is not legal advice, and jail arrangements, court procedures and phone numbers can change. Anyone facing a charge should talk with a criminal defense lawyer; Hanover has no public defender office, so to request a court-appointed attorney tell the magistrate or judge, or call the General District Court clerk at (804) 365-6191. For custody questions, call the Pamunkey Regional Jail at (804) 365-6400 or the Sheriff's Office at (804) 365-6110.
Criminal Court Process for Hanover County Virginia
Hanover 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.
