Highland County Jail Criminal Court Process
Criminal Court Process for Highland County Virginia
Highland County, on the West Virginia line west of Staunton, is Virginia's least populous county, and its only town, Monterey, is the county seat. Criminal cases are heard in the courthouse on West Main Street in Monterey by two courts of the 25th Judicial Circuit and District: the Highland General and Juvenile and Domestic Relations District Combined Court, which handles both district-court roles, and the Highland Circuit Court. The county's own elected Commonwealth's Attorney prosecutes. Highland County does not appear among the state's operating local and regional jails, so an adult held after arrest is taken to the jail that serves Highland County outside the county; the Highland County Sheriff's Office at (540) 468-2210 can say where.
- Highland Circuit Court (felonies, jury trials, appeals), 165 West Main Street, P.O. Box 190, Monterey, VA 24465; Clerk Judy W. Hupman, (540) 468-2447
- Highland General and Juvenile and Domestic Relations District Combined Court, 165 West Main Street, P.O. Box 88, Monterey, VA 24465, (540) 468-2445
- Magistrate, Highland office (video station, 25th District), 145 West Main Street, Monterey, VA 24465, (540) 468-2210
- Highland County Commonwealth's Attorney, Monterey, VA 24465, (540) 468-1122
- Highland County Sheriff's Office, 145 West Main Street, P.O. Box 485, Monterey, VA 24465, (540) 468-2210
- 25th District Court Service Unit (juvenile intake), 100 Dick Huff Lane, Suite 2101, Verona, VA 24482, (540) 245-5315
- Jail: to find out which facility is holding a Highland County prisoner, call the Sheriff's Office at (540) 468-2210
- Court-appointed counsel: no public defender office serves Highland County; the judge appoints a private lawyer. Ask the combined court clerk at (540) 468-2445.
Which court hears your case. Misdemeanors and traffic charges are tried by a judge, without a jury, on the general district side of the Highland Combined Court, which holds that docket on the first and third Wednesdays of the month; a conviction may be appealed within 10 days to the Highland Circuit Court for a new trial, where a jury is available. Charges against anyone under 18, and assaults or other crimes against a family or household member, go to the juvenile and domestic relations side, which usually sits on the fourth Wednesday. A felony receives its preliminary hearing in the combined court (on the JDR side if a relative is the alleged victim) and, after a grand jury indictment, is tried in the Highland Circuit Court.
Where pretrial inmates are held. The Sheriff's Office in Monterey has a small staff and a magistrate video station, but the county is not listed as operating a jail, and adults who are not released are transported to a jail in a neighboring part of the Valley. Because the placement can depend on available space, the reliable way to locate someone, learn the charge, or ask how to post bail is to call the Highland County Sheriff's Office at (540) 468-2210.
- Courts in Highland 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 Highland County
- Federal cases (U.S. District Court) from Highland County
Courts in Highland County (circuit, general district, and juvenile and domestic relations courts)
Both of Highland County's courts work out of 165 West Main Street in Monterey. Virginia has no municipal, town or mayor's courts, so charges from the town of Monterey and from communities such as Blue Grass, McDowell and Hightown all go to the Highland courts below. Judges travel to Monterey on set days rather than sitting every weekday, so the clerks are the best source for hearing dates.
Courts
- Highland Circuit Court (25th Judicial Circuit), 165 West Main Street, P.O. Box 190, Monterey, VA 24465, (540) 468-2447; clerk's office 8:30 a.m. to 4:30 p.m.
- Highland General and Juvenile and Domestic Relations District Combined Court (25th Judicial District), 165 West Main Street, P.O. Box 88, Monterey, VA 24465, (540) 468-2445; clerk's office 8:30 a.m. to 4:30 p.m. General district traffic and criminal cases are called at 1:30 p.m. on the first and third Wednesdays, and the JDR criminal docket at 9:00 a.m. on the fourth Wednesday, with changes in November and December.
Magistrate, intake and prosecutor
- Magistrate: the Highland office at the Sheriff's Office, 145 West Main Street, Monterey, is a video station connected to 25th District magistrates elsewhere in the district; contact through (540) 468-2210. The Augusta magistrate office in Verona is at (540) 245-5015.
- 25th District Court Service Unit, main office in the Augusta County Courts Building, 100 Dick Huff Lane, Suite 2101, Verona, VA 24482, (540) 245-5315
- Highland County Commonwealth's Attorney, Monterey, VA 24465, (540) 468-1122
Defense lawyers and police
- Appointed counsel: the Virginia Indigent Defense Commission has no public defender office covering Highland, so the court appoints private attorneys from its list. Tell the magistrate or the judge that you need a lawyer, and complete the financial statement from the combined court clerk, (540) 468-2445.
- Highland County Sheriff's Office, the only local police agency in the county (Monterey has no town police department), 145 West Main Street, P.O. Box 485, Monterey, VA 24465, (540) 468-2210
- The Virginia State Police patrol U.S. 220 and U.S. 250 through the county.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
In a county this size, most misdemeanor charges, including hunting-season trespass complaints and traffic offenses on the mountain highways, begin with a summons and a court date rather than an arrest. When a deputy or trooper does arrest someone, the person appears by video before a magistrate, who issues the charge and decides on bail: release on recognizance, an unsecured bond that is owed only if the defendant fails to appear, or a secured bond paid in cash or through a licensed bail bondsman. Conditions such as no contact with a complaining witness may be attached.
First appearance
Because the district court sits only a few days a month, a defendant held in custody may be arraigned by video on the next day the court is in session, which can mean a short wait. The judge explains the charge, asks about counsel, and can reconsider the release terms, with an appeal on bond to the Circuit Court possible. A defendant who faces jail and cannot afford a lawyer will have a private attorney appointed.
Penalties
- Class 1: up to 12 months in jail and/or up to $2,500. Petit larceny of less than $1,000, trespassing, and assault and battery all fall here.
- Class 2: up to 6 months and/or $1,000; Class 3: fine of up to $500; Class 4: fine of up to $250.
- First DUI: Class 1, including at least a $250 fine, a 7-day license suspension at arrest, a one-year revocation on conviction (a restricted license with an ignition interlock may be granted), and VASAP. Mandatory jail is 5 days for a BAC of 0.15 to 0.20 and 10 days above 0.20.
- Family assault: heard on the JDR side of the combined court; first offenders may be eligible for a deferred disposition, and a third conviction can be a felony.
Results and timeline
The judge alone decides the case. Possible results include dismissal, deferral under a first-offender program, a fine, a suspended sentence with probation, or jail. Appeal to the Highland Circuit Court within 10 days brings a new trial, with a seven-person jury available. Given the court's monthly calendar, most cases take one to three months, and longer if appealed. Some records may later be eligible for sealing under Virginia law.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Felony cases in Highland often involve break-ins at seasonal cabins and hunting camps, theft of equipment or livestock, and drugs. After the magistrate sets or denies bond, a detained defendant is moved to the jail that serves Highland County, and the defendant may ask the district court judge for a bond hearing and appeal that decision to the Circuit Court. Virginia dropped its list of charges presumed to require detention in 2021, so the magistrate looks only at the risk of flight and the danger to others.
The path to Circuit Court
The combined court arraigns the defendant, appoints counsel if needed, and sets a preliminary hearing on probable cause. If the judge certifies the charge, the grand jury of the Highland Circuit Court considers an indictment; a direct indictment, skipping the hearing, is also an option for the prosecutor. Many felonies are resolved by a plea, and some are reduced to misdemeanors before reaching Circuit Court.
Penalties
- Grand larceny ($1,000 or more): from one up to twenty years in prison, or alternatively as much as a year in jail.
- Burglary of a dwelling at night: Class 3, 5 to 20 years (Class 2 when armed); other statutory burglary up to 20 years.
- Possessing methamphetamine, heroin, cocaine or another Schedule I or II drug: Class 5, which allows a sentence of one to ten years in prison or a jail term of a year or less. Distribution: a first-time conviction carries five to forty years, and big quantities bring mandatory minimum sentences. Adults 21 and older may possess up to an ounce of marijuana; sales are still illegal.
- Malicious wounding: Class 3, 5 to 20 years; unlawful wounding: Class 6, punishable by a one-to-five-year prison term or by up to a year in a local jail.
Trial and sentencing
In Circuit Court the defendant is arraigned on the indictment and either pleads or is tried by a judge or a unanimous 12-member jury. The judge sentences unless the defendant has asked for jury sentencing (the rule since July 2021), and the voluntary sentencing guidelines are considered. The speedy-trial law generally requires trial within five months of the probable-cause finding for a jailed defendant and nine months for one on release, with exceptions. Parole is abolished for felonies committed since January 1, 1995, though earned sentence credits can shorten a term; any term longer than a year is served in a state prison run by the Department of Corrections. Felony cases commonly last four to twelve months.
Violent felony (for example, murder, rape, robbery)
Violent crimes are rare in Highland County, and when one occurs the small Sheriff's Office typically works with the Virginia State Police on the investigation. Defendants are generally held without bail or on a high secured bond, and a judge can review that decision. A private attorney qualified for serious felonies is appointed for defendants who cannot afford one.
Penalties
- Aggravated murder (once called capital murder): life in prison; Virginia abolished the death penalty in 2021.
- First-degree murder: 20 years to life; second-degree murder: 5 to 40 years.
- Rape or robbery: 5 years to life.
- Aggravated malicious wounding: 20 years to life.
How these cases proceed
The Commonwealth's Attorney often seeks a direct indictment in the Highland Circuit Court, and the case can require state laboratory work, and expert witnesses. With the Circuit Court sitting on a limited schedule, a violent felony case may take one to two years. Jury selection in a county of a few thousand residents can raise its own issues, and the court has tools such as a change of venue when a fair jury cannot be found locally.
Victims
The Crime Victim and Witness Rights Act gives victims notice of proceedings and of any release, the chance to make an impact statement, and the right to seek restitution. Victims can contact the Commonwealth's Attorney's office at (540) 468-1122 for victim/witness help.
Juveniles (under 18) arrested in Highland County
Juvenile charges are heard on the JDR side of the Highland Combined Court in Monterey, (540) 468-2445. Complaints are reviewed by the 25th District Court Service Unit, headquartered in Verona at (540) 245-5315, which serves Highland along with Augusta, Bath, Rockbridge and other localities. The intake officer can divert a minor first offense, file a petition, or approve detention when it is needed for safety.
Detention
A Highland County youth who must be held is taken to the Shenandoah Valley Juvenile Center, 300 Technology Drive, Staunton, VA 24401, (540) 886-0729, more than an hour's drive east of Monterey. A detention hearing must be held within 72 hours, or on the next day the court sits, and it may be conducted by video. The child has the right to a lawyer, appointed by the court when the family cannot pay.
Outcomes
The Commonwealth's Attorney prosecutes juvenile cases, and a judge decides them without a jury. Outcomes range from dismissal or diversion to probation supervised by the Court Service Unit, community programs and restitution. For serious offenses the judge can commit the youth to the Department of Juvenile Justice, at Bon Air Juvenile Correctional Center or in a community placement.
Adult court
A child 14 or older charged with certain serious felonies can be transferred to the Highland Circuit Court after a transfer hearing. For the most serious charges, such as murder or aggravated malicious wounding, a 16- or 17-year-old can generally be certified for trial as an adult by the Commonwealth's Attorney after a preliminary hearing. In most cases juvenile records are confidential.
Federal cases (U.S. District Court) from Highland County
Highland County is part of the Harrisonburg Division of the federal court for Virginia's Western District. Federal charges from the county are filed in Harrisonburg, roughly 60 miles northeast of Monterey.
- U.S. District Court Clerk, Harrisonburg, 116 North Main Street, Room 314, Harrisonburg, VA 22802, (540) 434-3181
- U.S. Attorney's Office, Western District of Virginia: Charlottesville, (434) 293-4283; Roanoke headquarters, (540) 857-2250
- Federal Public Defender, Charlottesville office, 401 East Market Street, Suite 106, Charlottesville, VA 22902, (434) 220-3380; Criminal Justice Act panel attorneys take cases the office cannot
When a case becomes federal
Large parts of Highland County lie within the George Washington National Forest, and crimes on that federal land, such as assaults, theft of timber, marijuana cultivation, or serious hunting violations, may be prosecuted in federal court. Petty offenses there go before a U.S. magistrate judge. Federal charges can also follow drug trafficking, illegal gun possession by prohibited persons, bank robbery, internet child exploitation, and fraud.
What happens in federal court
A federal defendant first appears before a U.S. magistrate judge, who explains the charges and appoints a lawyer when needed. Commercial bail bond companies are not used. Applying the Bail Reform Act, the judge decides between conditional release, overseen by the Pretrial Services office, and detention; a contested detention hearing ordinarily takes place no more than three court days after the first appearance. An indictment must follow within 30 days of an arrest on a complaint, and the Speedy Trial Act sets a 70-day trial clock that is frequently extended. Most defendants plead guilty; the few that go to trial need a unanimous verdict from twelve jurors.
Sentencing comes after a presentence report from U.S. Probation, with the judge applying the advisory Guidelines and any mandatory minimum. Because federal parole has been abolished, prisoners serve about 85 percent of their time in the Bureau of Prisons and then a period of supervised release. Appeals go to the Fourth Circuit. Federal prosecutions of juveniles from Highland County are rare.
Finding someone in federal custody
Look the person up in the Federal Bureau of Prisons inmate locator by name or register number. Federal pretrial detainees kept in a local or regional jail under a U.S. Marshals contract can also appear on the roster of that jail.
This guide gives general information about criminal cases in Highland County and is not legal advice; court calendars and jail arrangements change. For advice on a specific charge, consult a Virginia defense attorney. To request a court-appointed lawyer, ask the magistrate or the judge at the first hearing, or call the Highland Combined Court clerk at (540) 468-2445; to find out where someone is held, call the Highland County Sheriff's Office at (540) 468-2210.
Criminal Court Process for Highland County Virginia
Highland 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.
