Henrico Juvenile Detention Home Criminal Court Process

Courts in Henrico County (circuit, general district, and juvenile and domestic relations courts)

Virginia has no municipal, town or mayor's courts, so a Henrico charge never goes to a local city-style court. Henrico also has no incorporated towns: Glen Allen, Short Pump, Highland Springs, Sandston, Varina, Lakeside, Tuckahoe and Fairfield are unincorporated communities, and an arrest in any of them, or anywhere else in the county outside the City of Richmond, is filed in the Henrico General District Court, the Henrico JDR court or the Henrico Circuit Court. Someone arrested just across the line inside Richmond city limits goes to the Richmond courts instead, which is worth checking because the boundary runs through busy commercial areas.

The three courts

• Henrico General District Court (14th Judicial District; misdemeanors, traffic, felony preliminary hearings and bond reviews), 4309 East Parham Road (P.O. Box 90775), Henrico, VA 23273. Criminal and traffic clerk's office (804) 501-4723; the civil division uses a different line. Its clerks answer the phones and the counter on weekdays between 8:00 a.m. and 4:30 p.m.
• Henrico Juvenile and Domestic Relations District Court (14th Judicial District; delinquency, family-member offenses, protective orders), 4201 East Parham Road, Henrico, VA 23228, (804) 501-4688.
• Henrico Circuit Court (14th Judicial Circuit; felony trials, the grand jury, appeals from the district courts), 4309 East Parham Road (P.O. Box 90775), Henrico, VA 23273. The Circuit Court Clerk's office, (804) 501-4202, is open 8:00 a.m. to 4:00 p.m.

Offices that move a case along

• 14th District Magistrate's Office (issues warrants and sets release terms at all hours), at Jail West, 4317 East Parham Road, Henrico, VA 23228, (804) 501-5285
• 14th District Court Service Unit (juvenile intake and probation), P.O. Box 90775, Henrico, VA 23273, (804) 501-4693
• Henrico County Commonwealth's Attorney, 4301 East Parham Road (P.O. Box 90775), Henrico, VA 23273, (804) 501-4218
• Court-appointed counsel: private attorneys appointed from the court's list; the request starts with the magistrate, the arraignment judge or the district court clerk

Police, Sheriff and the jails

• Henrico County Police Division (patrol and criminal investigations everywhere in the county), 7721 East Parham Road, Henrico, VA 23294, (804) 501-5000
• Henrico County Sheriff's Office (both jails, court security, civil process), 4317 East Parham Road, Henrico, VA 23228, (804) 501-5860
• Henrico County Jail West, 4317 East Parham Road, Henrico, VA 23228, (804) 501-4581
• Henrico County Jail East, 17320 New Kent Highway, Barhamsville, VA 23011, (804) 652-1211

In Henrico the county police, not the Sheriff, answer most calls and make most arrests, while deputies run the jails and guard the courtrooms. Virginia State Police troopers patrol Interstates 64, 95 and 295 and Route 288 through the county, and their arrests land in the same Henrico courts. A defendant who cannot afford an attorney should say so at the first opportunity, because Henrico relies entirely on appointed private lawyers rather than a public defender office.

↑ Back to the top of the Henrico County court guide

The Western Government Center courts and the 14th Judicial Circuit

Almost every Henrico criminal case is handled on a single government campus near the intersection of East Parham Road and Hungary Spring Road, north of Interstate 64. The county administration building sits at 4301 East Parham Road; the courts building next door at 4309 holds the Circuit Court, its clerk and the General District Court; the JDR court is at 4201; and Jail West, the Sheriff's Office and the magistrate are at 4317.

How the 14th Circuit and District are organized

• One-county circuit. Unlike many Virginia circuits that combine several counties and cities, the 14th Judicial Circuit is Henrico alone. Its five circuit judgeships hear only Henrico felonies, misdemeanor appeals and civil cases, which keeps the calendar local.
• Separate district courts. The General District Court and the JDR court each have their own judges and clerks. Because the county is large, both courts run several courtrooms at once, and a defendant's notice or summons lists the courtroom and time.
• Grand jury. Felony indictments are returned by a regular grand jury that meets in the Circuit Court; after indictment, the case gets a Circuit Court arraignment date and a trial date.

Phone numbers for questions about a pending case: General District Court criminal and traffic, (804) 501-4723; JDR court, (804) 501-4688; Circuit Court Clerk, (804) 501-4202.

↑ Back to the top of the Henrico County court guide

What happens after an arrest in Henrico County (magistrate, bail and pretrial services)

An adult taken into custody by Henrico police is usually driven to Jail West on East Parham Road. There the officer presents the facts to a 14th District magistrate, often over a video link, and the magistrate decides two things in order: whether probable cause supports a charge, and if so, whether and how the person may be released. A finding of probable cause produces the arrest warrant or summons that becomes the charging document.

The magistrate's release choices

Under Virginia law the magistrate asks whether the accused is likely to show up for court and whether release would endanger the public or a particular person. A presumption against bail that used to apply to certain charges was repealed in 2021, but those factors still drive the decision. Typical results:

• release on recognizance, which is a signed promise to return, with no money owed;
• an unsecured bond, a set dollar amount that becomes due only if the defendant misses court;
• a secured bond, which must be backed by cash, property, or a licensed bail bondsman, who keeps a nonrefundable fee and is licensed by the Virginia Department of Criminal Justice Services;
• no release at all, if no set of conditions would be adequate.

Conditions can be attached, such as staying away from the complaining witness, not drinking, or reporting to pretrial services.

Pretrial services

The county's Community Corrections Program supplies the courts with pretrial services. Its officers screen people held at the jail, assess risk, and give the judge a bond recommendation at arraignment; when a judge releases someone under supervision, the same office keeps track of the person until the case ends.

Arraignment and bond hearings

Someone who remains in custody normally appears for arraignment on the next day the General District Court sits, or in the JDR court for juvenile and family matters. In-custody defendants often appear by video from the jail. The judge reads the charge, asks about a lawyer, and may reconsider the release terms. If release is still denied or the amount is unaffordable, the defense can ask the district court judge for a formal bond hearing and then appeal that ruling to the Henrico Circuit Court.

↑ Back to the top of the Henrico County court guide

Jail West and Jail East

Henrico is one of the few large Virginia counties that keeps its jail operations entirely under its own Sheriff, with two separate facilities. Neither belongs to a regional jail authority, though the eastern jail serves two neighboring counties by agreement.

Jail West

Henrico County Jail West, 4317 East Parham Road, is the intake jail. Booking, fingerprints and photographs, the magistrate hearing and the first night in custody usually all happen there, and people with cases on the court calendar are held there so deputies can bring them next door. Jail information: (804) 501-4581 from 8 a.m. to 4:30 p.m. on weekdays, and (804) 501-4586 at other times. Classification questions go to (804) 501-4929, and the Sheriff's alternative sentencing unit is at (804) 501-4576.

Jail East

Henrico County Jail East, 17320 New Kent Highway in Barhamsville, opened in 1996 and was described by the county as the first campus-style, direct-supervision jail in Virginia. It was built under an agreement among Henrico, Goochland and New Kent counties and is run by the Henrico Sheriff. It offers programs such as GED preparation, substance abuse and relapse prevention, counseling and vocational training. Jail information: (804) 652-1211 on weekdays, (804) 652-1100 after hours; classification (804) 652-1121.

Inmates can be moved between the two jails as housing and court schedules require, so a family that cannot find someone at one facility should ask the other. The Sheriff's main office, (804) 501-5860, handles general questions, and the Sheriff publishes an inmate lookup for both jails.

↑ Back to the top of the Henrico County court guide

Court-appointed lawyers in Henrico County

The Virginia Indigent Defense Commission's administrative headquarters happens to be in Henrico, on Santa Rosa Road, but it is not a trial office, and none of the Commission's public defender offices is assigned to Henrico cases. Instead, Henrico judges appoint private attorneys who are certified by the Commission to take court-appointed criminal work.

Asking for a lawyer

1. Tell the magistrate at Jail West, or the judge at arraignment, that you want a lawyer but cannot pay for one.
2. Complete the sworn statement of income, assets and expenses that the court requires; the General District Court clerk, (804) 501-4723, or the JDR clerk, (804) 501-4688, can provide it if you were released before court.
3. The judge compares your finances with the state's eligibility guidelines and, if you qualify, appoints an attorney from the court's list and gives you that lawyer's name.
4. Contact the lawyer promptly, especially if you are out on bond and your next court date is close.

Appointment is available when a conviction could bring jail time, and in juvenile delinquency cases. If you are found guilty, the court-appointed attorney's fee is usually added to the costs you owe.

↑ Back to the top of the Henrico County court guide

The Commonwealth's Attorney and alternatives to conviction in Henrico County

The Henrico County Commonwealth's Attorney is elected by county voters and handles prosecutions in all three Henrico courts, from felony jury trials in Circuit Court to juvenile petitions in the JDR court. The office is at 4301 East Parham Road, (804) 501-4218. In many lower-level traffic and misdemeanor cases the arresting officer presents the case and no prosecutor appears, so a defendant should not assume an assistant Commonwealth's Attorney will be in the courtroom.

Help for victims and witnesses

The office's Victim/Witness program, reported at (804) 501-1680, explains court dates, helps with restitution requests and victim impact statements, and goes to court with victims. Virginia's Crime Victim and Witness Rights Act gives victims the right, on request, to be notified about hearings, plea agreements and an inmate's release.

Routes that can avoid a conviction in Henrico

• Statutory first-offender programs. For a first charge of simple drug possession or of assault and battery against a family member, among others, the judge can defer the finding, place the defendant on probation with conditions, and dismiss the charge if the defendant complies.
• Negotiated deferrals. Prosecutors and defense lawyers sometimes agree that a misdemeanor will be continued and dismissed after classes, community service or restitution.
• Treatment dockets. The drug court and behavioral health docket described below are reached through a referral process that involves the Commonwealth's Attorney.

Local probation through Community Corrections, which includes community service and restitution monitoring, is a common condition of these outcomes.

↑ Back to the top of the Henrico County court guide

Specialty dockets: drug court, behavioral health docket and veterans docket

Henrico runs several treatment-based dockets in which a judge, prosecutor, defense lawyer and treatment providers supervise a participant together over many months.

• Henrico County Drug Court (Circuit Court). Operated under the Community Corrections Program from 8600 Dixon Powers Drive, it focuses on adults on felony probation who have violated their terms and have a long history of substance use. People with violent or sexual offenses, firearms convictions or drug distribution records have generally been turned away. The program has four phases and usually takes 12 to 18 months to complete, with frequent court reviews and drug testing.
• Behavioral Health Docket (General District Court). A voluntary, post-plea docket for defendants charged with nonviolent offenses who have a diagnosed serious mental illness that is linked to the offense, are judged medium to high risk, are competent, live in the Richmond area and will take part in treatment. The Commonwealth's Attorney refers candidates to a team that includes defense counsel, county probation, Henrico Mental Health and Developmental Services, the police and the court. The county's mental health department is at 10299 Woodman Road, Glen Allen, (804) 727-8500.
• Veterans Treatment Docket (General District Court). Listed by Virginia's court system among the state's veterans dockets, it serves eligible former service members whose charges are tied to substance use or mental illness, combining court supervision with veterans' services.

Admission is never automatic. A defendant interested in any of these dockets should raise it with the defense attorney early, because screening takes time and usually happens while the person is on bond. Most programs require a guilty plea or agreed facts, and someone who drops out or is removed can be sentenced on the original charge.

↑ Back to the top of the Henrico County court guide

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

With large shopping areas at Short Pump, Willow Lawn and Parham Road, heavy interstate traffic, and a big residential population, Henrico's misdemeanor dockets are dominated by shoplifting, DUI and traffic offenses, and domestic assault cases.

Release and arraignment

For most misdemeanors the magistrate releases the person on a summons, a recognizance or an unsecured bond. A defendant who is held stays at Henrico County Jail West and sees a judge at the next sitting of the General District Court, or the JDR court in a family-assault case. If jail is a possible penalty and the defendant cannot afford counsel, the judge can appoint a private lawyer at that hearing.

Trial

A General District Court judge hears the evidence and decides guilt; there is no jury in district court. Many cases end earlier, through a plea agreement, an amended charge, or a first-offender deferral. After a conviction, the defendant can note an appeal within 10 days and get a completely new trial in the Henrico Circuit Court, where a jury of seven is available for misdemeanors.

What the listed charges carry

• Petit larceny, meaning theft of property worth less than $1,000, is a Class 1 misdemeanor: a maximum of 12 months in jail and a $2,500 fine.
• First-offense DUI is also Class 1. It brings a minimum $250 fine; 5 mandatory days in jail when the blood alcohol content was 0.15 to 0.20, or 10 days above 0.20; a one-year loss of the license, though a restricted license with an ignition interlock may be granted; required participation in VASAP, the Virginia Alcohol Safety Action Program; and an automatic 7-day administrative suspension at the time of arrest.
• Assault and battery also falls in Class 1. If the alleged victim is a family or household member, the JDR court hears it, a first offender may receive a deferred disposition, and a third such conviction can become a felony.
• Trespassing is likewise punishable as a Class 1 misdemeanor.

Less serious classes carry less: up to 6 months and $1,000 for Class 2, a fine of up to $500 for Class 3, and a fine of up to $250 for Class 4. Results range from dismissal or deferral to fines, a suspended sentence with probation through Community Corrections, or active jail time. A typical Henrico misdemeanor is resolved in one to three months unless it is appealed. Some charges and convictions may later be eligible for sealing under Virginia's record-sealing law.

↑ Back to the top of the Henrico County court guide

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

Henrico police detectives investigate most county felonies, sometimes with state or federal partners, and the Commonwealth's Attorney prosecutes them in the 14th Judicial Circuit. Vehicle thefts and break-ins, larceny rings targeting retail stores, fentanyl and other drug cases, and home burglaries are frequent.

Step by step

1. Magistrate. The felony warrant is issued at Jail West, and release terms are set. A person not released is held at Henrico County Jail West; the defense can seek a bond hearing before a district court judge and appeal to the Circuit Court.
2. First appearance. At arraignment in the General District Court (or JDR court for a family-member victim), the judge appoints counsel or notes the private lawyer and sets a preliminary hearing.
3. Preliminary hearing. The judge hears enough evidence to decide probable cause. If it is found, the case is certified to the grand jury; if not, the charge is dismissed, although the prosecutor can still seek an indictment directly. Prosecutors sometimes bypass this hearing altogether by direct indictment.
4. Indictment and Circuit Court. After the grand jury indicts, the Henrico Circuit Court arraigns the defendant and schedules motions and trial.
5. Resolution. Most felonies end with a plea. A defendant who goes to trial can choose a judge or a unanimous jury of 12. Since July 2021 the judge decides the sentence unless the defendant asks the jury to do it, and the judge considers Virginia's voluntary sentencing guidelines and a presentence report.

Penalty ranges

• Grand larceny, involving property valued at $1,000 or more, is punishable by 1 to 20 years in prison or, at the judge's or jury's discretion, up to 12 months in jail.
• Burglary of a home at night is a Class 3 felony, 5 to 20 years, rising to Class 2 if the burglar was armed with a deadly weapon; other statutory burglary charges carry up to 20 years.
• Possessing a Schedule I or II drug such as fentanyl, heroin or cocaine is a Class 5 felony, 1 to 10 years or up to 12 months in jail, and first offenders may be eligible for a deferral.
• Distribution, or possession with intent to distribute, carries 5 to 40 years on a first conviction, with mandatory minimum terms for large quantities. Since 2021, Virginians who are at least 21 can legally carry an ounce or less of marijuana, yet any sale is still prosecuted.
• Malicious wounding is a Class 3 felony, 5 to 20 years; unlawful wounding, which lacks proof of malice, is a Class 6 felony punishable by 1 to 5 years or up to 12 months in jail.

Under Virginia's speedy-trial statute, a defendant held in jail must be tried within 5 months after the probable cause finding, and one on release within 9 months, subject to exceptions such as defense continuances. Parole was abolished for felonies committed on or after January 1, 1995, but earned sentence credits may reduce the time served, and sentences longer than 12 months are served in the Virginia Department of Corrections. From arrest to sentencing, a Henrico felony usually takes four months to a year.

↑ Back to the top of the Henrico County court guide

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

Homicides, sexual assaults and armed robberies in Henrico are investigated by the Police Division's detectives, and the Commonwealth's Attorney typically assigns a senior prosecutor soon after the arrest. Release decisions in these cases focus on public safety, so many defendants are held without bail or under substantial secured bonds at Henrico County Jail West, sometimes being transferred to Jail East during a long wait for trial.

Punishment under Virginia law

• Aggravated murder, the offense formerly called capital murder, is a Class 1 felony punished by life imprisonment, since Virginia ended the death penalty in 2021.
• First-degree murder is a Class 2 felony, 20 years to life; second-degree murder carries 5 to 40 years.
• Rape is punishable by 5 years to life, and a conviction requires sex-offender registration.
• Robbery carries 5 years to life, with additional mandatory time if a firearm was used.
• Aggravated malicious wounding, which involves permanent and significant injury, is punished as a Class 2 felony with a range of 20 years to life.

Timeline and representation

Serious violent cases in Henrico generally take one to two years. Forensic testing, expert reports and competency or mental-health evaluations can stretch the schedule, and the defense often agrees to waive speedy-trial limits to prepare. Because Henrico has no public defender office, the court appoints private lawyers in these cases too, choosing attorneys certified for serious felonies. Victims are entitled to notice and support from the Commonwealth's Attorney's Victim/Witness program and may speak at sentencing.

↑ Back to the top of the Henrico County court guide

Juveniles (under 18) arrested in Henrico County

A person under 18 accused of a crime in Henrico goes before the Henrico Juvenile and Domestic Relations District Court, 4201 East Parham Road, (804) 501-4688. The first decision about the case belongs to the 14th District Court Service Unit, the state Department of Juvenile Justice office for Henrico, (804) 501-4693.

Intake at the Court Service Unit

An intake officer reviews the police complaint and chooses among three paths: filing a petition so the case goes to court, handling it informally through diversion (which might involve restitution, counseling, community service or an apology), or, when the charge is serious or the youth may flee or be a danger, approving secure detention. If a petition is filed, the Commonwealth's Attorney prosecutes and the judge appoints a lawyer for the child when the family cannot afford one.

Secure detention

Henrico is the majority partner in the James River Juvenile Detention Center, a regional facility in Powhatan County that it shares with Goochland and Powhatan; Henrico holds 52 of its 60 beds, and county budget documents describe it as detaining youth awaiting court action in the three counties. The facility's office can be reached at (804) 652-3046. The county also lists the Henrico Juvenile Detention Home on East Parham Road, (804) 501-4946, so the Court Service Unit can say where a particular child is held. Within 72 hours of being detained, or on the next day the court sits if that time ends on a weekend or holiday, the child must have a detention hearing, where a JDR judge decides whether release, perhaps with electronic monitoring, is appropriate.

How juvenile cases end

• dismissal, diversion, or a deferred finding that leads to dismissal;
• probation supervised by the Court Service Unit, often with curfew, school, counseling and restitution conditions;
• community-based programs or a short post-dispositional detention stay;
• for the most serious or repeated offenses, commitment to the Department of Juvenile Justice, which may place the youth at the Bon Air Juvenile Correctional Center or in a community-based setting.

Adult prosecution

When a youth 14 or older is charged with certain serious felonies, the Commonwealth's Attorney can ask the JDR court to hold a transfer hearing, and the judge may send the case to the Henrico Circuit Court for trial as an adult. For the gravest charges, including murder and aggravated malicious wounding, a 16- or 17-year-old may be certified for adult trial by the prosecutor after a preliminary hearing finds probable cause. Most juvenile records in Virginia are confidential, and families should ask a lawyer whether and when a record can later be destroyed or sealed.

↑ Back to the top of the Henrico County court guide

Federal cases (U.S. District Court) from Henrico County

Henrico County lies in the Eastern District of Virginia, and federal criminal charges from the county are filed in the district's Richmond Division. That court sits in downtown Richmond, only a short drive from the Western Government Center, in the Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse.

• Clerk, U.S. District Court, Richmond Division, 701 East Broad Street, Richmond, VA 23219, (804) 916-2220
• U.S. Attorney's Office, Richmond, 919 East Main Street, Suite 1900, Richmond, VA 23219, (804) 819-5400
• Federal Public Defender for the Eastern District of Virginia, Richmond office, 701 East Broad Street, Richmond, VA 23219; when that office has a conflict, a Criminal Justice Act panel lawyer is appointed
• U.S. Probation and Pretrial Services (Richmond office serving Henrico County), 701 East Broad Street, Suite 1150, Richmond, VA 23219

What makes a Henrico case federal

A case moves to federal court when federal agents or prosecutors take it, often after a joint investigation with Henrico police. Common examples are drug trafficking along Interstates 64 and 95, gun possession by people with felony records, bank robbery, large fraud and identity-theft schemes, and child exploitation offenses involving the internet. Location matters as well: units of Richmond National Battlefield Park lie in eastern Henrico, and offenses at Richmond International Airport near Sandston can involve federal agencies. Petty offenses on national park land are heard on the Richmond Division's magistrate-judge docket, while felonies go to a district judge.

The federal process

A Henrico resident arrested on federal charges is brought to Richmond for an initial appearance, where a federal magistrate judge reads the charge and appoints a lawyer if needed. If the government seeks detention, a hearing is normally held within three court days. Instead of money bail, the Bail Reform Act lets the judge release a defendant on conditions monitored by Pretrial Services or order the person held. When a case begins with a criminal complaint, the grand jury must indict within 30 days, and the Speedy Trial Act sets a 70-day clock for trial. The Eastern District is known as the "rocket docket," so cases here tend to move faster than in many other federal courts.

Guilty pleas resolve most cases; at trial, all 12 jurors must agree. A probation officer prepares a presentence report, and the judge weighs the advisory Sentencing Guidelines and any mandatory minimum. Federal prison has no parole, so inmates usually serve about 85 percent of their sentences in the Bureau of Prisons before a period of supervised release. Appeals are heard by the U.S. Court of Appeals for the Fourth Circuit, which sits a few blocks from the district courthouse on East Main Street.

Finding a federal prisoner

Search the Federal Bureau of Prisons inmate locator with a name or BOP register number. Someone held before trial in a local or regional jail under a U.S. Marshals Service contract may also show up on that jail's own inmate roster. Federal prosecution of juveniles is uncommon, and Henrico youth cases almost always stay in the JDR court.

↑ Back to the top of the Henrico County court guide