Loudoun Juvenile Detention Center Criminal Court Process
Criminal Court Process for Loudoun County Virginia
Loudoun County, the fast-growing Northern Virginia county that stretches from Sterling and Ashburn out to the Blue Ridge, has its county seat and every one of its courts in downtown Leesburg. A criminal charge here lands in the Loudoun County General District Court, the Loudoun County Juvenile and Domestic Relations District Court or the Loudoun County Circuit Court, which together with Fauquier and Rappahannock counties forms Virginia's 20th Judicial Circuit. Loudoun's own elected Commonwealth's Attorney prosecutes, the state-funded Loudoun Public Defender takes cases for people who qualify, and the Sheriff's Office, not a county police force, is the main law enforcement agency. Anyone a magistrate does not release on bail is held by the Sheriff at the Loudoun County Adult Detention Center in Leesburg.
- Loudoun County Circuit Court and Clerk of the Circuit Court, 18 East Market Street, 3rd Floor, Leesburg, VA 20176 (mail: P.O. Box 550, Leesburg, VA 20178), (703) 777-0270; Criminal Division (703) 771-5610
- Loudoun County General District Court (criminal and traffic), 2 Church Street NE, Leesburg, VA 20176, (703) 777-0312; 24-hour information line (703) 777-0310
- Loudoun County Juvenile and Domestic Relations District Court, 18 East Market Street, Leesburg, VA 20176, (703) 777-0300
- Loudoun County Magistrate's Office (20th District), 42035 Loudoun Center Place, Leesburg, VA 20175, (703) 777-0383
- 20th District Court Service Unit (juvenile intake), 18 East Market Street, Leesburg, VA 20178, (703) 777-0303
- Loudoun County Commonwealth's Attorney, 2 Church Street NE, Leesburg, VA 20176, (703) 777-0242; Victim/Witness Program (703) 777-0417
- Loudoun Public Defender (Virginia Indigent Defense Commission), 201 Loudoun Street SE, Leesburg, VA 20175, (703) 771-2507
- Loudoun County Sheriff's Office, 803 Sycolin Road SE, Leesburg, VA 20175, (703) 777-1021
- Loudoun County Adult Detention Center, 42035 Loudoun Center Place, Leesburg, VA 20175, (703) 777-0405
- Loudoun County Department of Community Corrections (pretrial release and local probation), Leesburg, (703) 777-0207
- Leesburg Police Department, 65 Plaza Street NE, Leesburg, VA 20176, (703) 771-4500
- Purcellville Police Department, 125 Hirst Road, Suite 7-A, Purcellville, VA 20132, (540) 338-7422
- Middleburg Police Department, 10 West Marshall Street, Middleburg, VA 20117, (540) 687-6633
Which court hears your case. A misdemeanor or traffic charge from anywhere in Loudoun, whether a reckless driving ticket on Route 7 or a shoplifting arrest at Dulles Town Center, is tried before a judge alone in the Loudoun County General District Court on Church Street; there is no jury at that level. Someone convicted there may appeal within 10 days to the Loudoun County Circuit Court, which hears the case over from the start and allows a jury. Charges of assault or another offense against a family or household member, and cases involving anyone under 18, go instead to the Loudoun County Juvenile and Domestic Relations District Court. Felonies open with a preliminary hearing in the General District Court (or the JDR court when the complaining witness is a relative or household member) and, once a grand jury returns an indictment, move up to the Loudoun County Circuit Court for trial or plea.
Where pretrial inmates are held. Loudoun is not part of a regional jail authority. The Sheriff runs the county's own Adult Detention Center at 42035 Loudoun Center Place in Leesburg, and the magistrate's office works out of the same complex. Arrests made by sheriff's deputies, by the Leesburg, Purcellville and Middleburg police, by Virginia State Police troopers and by airport and federal officers who bring state charges all end in booking there. For custody status, release questions or visiting rules, call the detention center at (703) 777-0405.
- Courts in Loudoun County (circuit, general district, and juvenile and domestic relations courts)
- The Leesburg courts complex and the 20th Judicial Circuit
- After an arrest in Loudoun County: magistrate, bail and pretrial release
- The Loudoun County Adult Detention Center
- The Loudoun Public Defender and court-appointed counsel
- The Commonwealth's Attorney, victims and first-offender options
- Specialty dockets: recovery court, veterans, behavioral health and DWI
- 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 Loudoun County
- Federal cases (U.S. District Court) from Loudoun County
Courts in Loudoun County (circuit, general district, and juvenile and domestic relations courts)
No Virginia town or city runs a municipal or mayor's court, and Loudoun is no exception. The county has seven incorporated towns, and charges from the towns of Leesburg, Purcellville, Middleburg, Hamilton, Hillsboro, Lovettsville and Round Hill go to the Loudoun County General District Court, the Loudoun County JDR court or the Loudoun County Circuit Court. The same three courts take cases from the large unincorporated communities, among them Ashburn, Sterling, South Riding, Brambleton, Lansdowne, Aldie and the Loudoun side of Dulles. Leesburg, Purcellville and Middleburg keep their own police departments; Hamilton, Hillsboro, Lovettsville and Round Hill are patrolled by the Sheriff's Office.
Courts and clerks
- Loudoun County Circuit Court (20th Judicial Circuit; felony trials, misdemeanor appeals, jury trials), 18 East Market Street, 3rd Floor, Leesburg, VA 20176; Clerk (703) 777-0270; Criminal Division (703) 771-5610; clerk's office open 8:00 a.m. to 4:00 p.m.
- Loudoun County General District Court (20th District; misdemeanors, traffic, preliminary hearings, bond reviews), 2 Church Street NE, Leesburg, VA 20176; criminal and traffic (703) 777-0312; recorded information (703) 777-0310
- Loudoun County Juvenile and Domestic Relations District Court, 18 East Market Street, Leesburg, VA 20176, (703) 777-0300; clerk's office 8:00 a.m. to 4:00 p.m.
Magistrate, prosecutor, defense and juvenile intake
- Loudoun County Magistrate's Office, 42035 Loudoun Center Place, Leesburg, VA 20175, (703) 777-0383
- Commonwealth's Attorney for Loudoun County, 2 Church Street NE, Leesburg, VA 20176, (703) 777-0242
- Loudoun Public Defender, 201 Loudoun Street SE, Leesburg, VA 20175, (703) 771-2507
- 20th District Court Service Unit, 18 East Market Street, Leesburg, VA 20178, (703) 777-0303 (weekdays 8:00 a.m. to 4:30 p.m.)
Law enforcement
- Loudoun County Sheriff's Office, 803 Sycolin Road SE, Leesburg, VA 20175, (703) 777-1021
- Leesburg Police Department, 65 Plaza Street NE, Leesburg, VA 20176, (703) 771-4500
- Purcellville Police Department, 125 Hirst Road, Suite 7-A, Purcellville, VA 20132, (540) 338-7422
- Middleburg Police Department, 10 West Marshall Street, Middleburg, VA 20117, (540) 687-6633
A person who cannot afford a lawyer asks for one at the first court date, or tells the magistrate at the time of arrest; the Loudoun Public Defender at (703) 771-2507 handles most appointed adult criminal cases.
The Leesburg courts complex and the 20th Judicial Circuit
All of Loudoun's trial courts sit within a few blocks of the old courthouse square at Market and King streets in historic Leesburg. The Circuit Court and its clerk occupy the building at 18 East Market Street, which also holds the Juvenile and Domestic Relations District Court and the Court Service Unit. The General District Court and the Commonwealth's Attorney are around the corner at 2 Church Street NE. Downtown parking fills quickly on busy docket mornings, and every visitor passes through security screening, so arriving early is wise.
The 20th Judicial Circuit is made up of Loudoun, Fauquier and Rappahannock counties. Its five circuit judges rotate among the three courthouses, so the judge hearing a Loudoun felony may also sit in Warrenton or Washington during the same month. The district courts are organized the same way as the 20th Judicial District, and a single Court Service Unit covers juvenile intake for all three counties from its main office in Leesburg.
The Circuit Court Clerk keeps felony files, indictments, jury trial records and appeals from the district courts. Misdemeanor and traffic files, preliminary hearing records and most bail paperwork stay with the General District Court clerk until a case is certified or appealed. Case information for both levels can also be looked up by name through the state's online case systems, and the clerk's offices can confirm the next court date by phone.
After an arrest in Loudoun County: magistrate, bail and pretrial release
Booking. A deputy or town officer who makes an arrest takes the person to the Loudoun County Adult Detention Center on Loudoun Center Place. Fingerprints, photographs and a records check are done there, and property is inventoried.
The magistrate. The arresting officer then presents the facts to a magistrate, who sits in the same building around the clock. If the magistrate finds probable cause, a warrant or summons is issued as the formal charging document. The magistrate also sets the terms of release. Options run from a personal recognizance, which is simply a written promise to come back to court, to an unsecured bond (an amount owed only if the person fails to appear) to a secured bond that must be posted in cash, with property or through a licensed bail bondsman. Commercial bondsmen operate legally in Virginia under licenses issued by the Department of Criminal Justice Services. Since 2021 Virginia no longer presumes that people charged with certain offenses must be held, so the magistrate weighs the specific risk that the person will not return to court or will endanger someone.
Pretrial release in Loudoun. The county's Department of Community Corrections runs a Pretrial Release Program that interviews people held at the jail and recommends to the court whether they can be supervised in the community instead. Judges and magistrates can order GPS monitoring for higher-risk defendants and portable breath-alcohol monitoring as conditions. Supervision typically involves regular check-ins, and violating a condition can lead to a new arrest. The program's office can be reached at (703) 777-0207.
Asking a judge to change the bond. If the magistrate denies release or sets an amount the family cannot meet, the defense can ask a General District Court judge (or a JDR judge, for a family-member case) to reconsider at a bond hearing. A judge's ruling can in turn be appealed to the Circuit Court.
First appearance. A person still in custody is usually brought before the court for advisement on the next day the court is in session, often by video from the jail. The judge reads the charge, explains the right to a lawyer and either confirms that the defendant has hired one or appoints the Loudoun Public Defender or a private attorney. People released on a summons get a date on the paperwork instead.
The Loudoun County Adult Detention Center
The Loudoun County Adult Detention Center is a local jail operated by the Loudoun County Sheriff's Office, located at 42035 Loudoun Center Place, Leesburg, VA 20175. It holds adults awaiting trial on Loudoun charges, people serving sentences of 12 months or less, and state prisoners waiting to be moved to the Virginia Department of Corrections after a felony sentence. Because Loudoun belongs to no regional jail authority, nearly everyone arrested in the county stays in this one facility until released.
Families with questions about whether someone is being held, the charges, a bond amount or visiting can call (703) 777-0405. The Sheriff's main number is (703) 777-1021. The magistrate's office in the same complex, (703) 777-0383, can explain how a secured bond is posted. Mail, deposits to inmate accounts and video visits follow rules set by the Sheriff, and those rules change from time to time, so it is worth calling before sending money or arriving for a visit.
Youths are never housed in the adult detention center; a juvenile taken into custody goes to the Loudoun Juvenile Detention Center instead (see the juvenile section below).
The Loudoun Public Defender and court-appointed counsel
Loudoun has its own public defender office, run by the Virginia Indigent Defense Commission. The Loudoun Public Defender is at 201 Loudoun Street SE, Leesburg, VA 20175, (703) 771-2507, and its staff lawyers represent eligible adults and juveniles charged with jailable offenses in all three Loudoun courts.
How to get a lawyer appointed. Say at the magistrate's office or at the first court date that you want a court-appointed attorney. The court has you fill out a sworn financial statement listing income, assets and household size, and the judge compares it with the state's income guidelines. Forms are kept by the General District Court clerk at 2 Church Street NE, (703) 777-0312. When the Public Defender cannot take a case, usually because it already represents a co-defendant or a witness, the judge assigns a private lawyer from the court's list of qualified attorneys.
Costs. Appointed counsel is not entirely free. If the defendant is convicted, a fee for the appointed lawyer is generally added to the court costs, with amounts set by statute according to the charge. A charge that is dismissed carries no such fee.
Anyone who can afford to hire a private lawyer may do so at any stage, and the court will usually allow a short continuance for a new attorney to prepare.
The Commonwealth's Attorney, victims and first-offender options
The Commonwealth's Attorney for Loudoun County, an elected official serving a four-year term, prosecutes felonies and the misdemeanors the office chooses to handle in all three local courts; the office is at 2 Church Street NE, Leesburg, (703) 777-0242. Some lower-level traffic and misdemeanor cases go forward with only the arresting officer presenting the evidence. Loudoun's Commonwealth's Attorney does not prosecute for any other county, and Fauquier and Rappahannock each elect their own.
Victim/Witness Program. Under Virginia's Crime Victim and Witness Rights Act, people harmed by a crime have the right to be told about court dates and bail decisions, to be heard at sentencing and to ask for restitution. The office's Victim/Witness Program, (703) 777-0417, explains the process and accompanies victims to court. Community Corrections also has a victim outreach officer who mostly works with domestic violence victims on release and probation conditions.
First-offender and deferred outcomes. Virginia law gives judges several ways to defer a case and dismiss it later if the defendant completes conditions: first-offender drug possession, first-offender domestic assault, and deferral in petit larceny and some other cases. Loudoun Community Corrections supervises many of these defendants and runs related classes, including a shoplifting prevention class, an anger management group and domestic violence intervention groups of 24, 36 or 52 weeks. Whether an offer is made depends on the charge, the person's record and the prosecutor's position, and the decision belongs to the judge.
Specialty dockets: recovery court, veterans, behavioral health and DWI
Loudoun operates several court programs approved by the Supreme Court of Virginia that trade close supervision and treatment for a better outcome in the case. Participation is voluntary, space is limited, and each program screens applicants; a defense lawyer is the usual starting point for a referral.
- Adult Recovery Court (drug court). Run through the Circuit Court for adults charged with, or on probation for, a nonviolent felony who are assessed as dependent on drugs or alcohol. Participants attend treatment, take frequent drug tests and return to court regularly for progress reviews.
- Behavioral Health Docket (General District Court). A post-plea docket for defendants diagnosed with a serious mental illness, monitored by a team that tracks treatment and compliance.
- Veterans Treatment Docket. Held its first hearing in March 2023 and serves justice-involved veterans, including Guard and reserve members, with substance use or mental health problems. Veterans charged in the JDR court can take part under a special agreement; active-duty service members are excluded.
- Adult Behavioral Health Docket (JDR court). Began July 1, 2026, for adults 18 and older with a serious mental illness whose cases are in the Juvenile and Domestic Relations District Court, which county officials described as the first docket of its kind for that type of Virginia court.
- Enhanced DWI Docket. A General District Court program that supervises higher-risk drunk-driving defendants, such as those with prior convictions or a blood alcohol content of 0.15 or above, through court reviews every 90 days, a Victim Impact Panel and treatment through the Virginia Alcohol Safety Action Program or another provider.
Successful completion can mean a reduced charge, a suspended sentence or, in some programs, dismissal, while a participant who stops complying can be sanctioned or returned to the regular docket for sentencing. Program staff at Community Corrections, (703) 777-0207, or the Loudoun Public Defender can explain eligibility.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
How the case starts. Many Loudoun misdemeanors begin with a summons the officer writes on the spot, giving a date at the General District Court on Church Street. When there is a custodial arrest, as with most DUI and domestic cases, the person is booked at the Loudoun County Adult Detention Center and the magistrate decides on release, usually a recognizance or an unsecured bond for a first misdemeanor.
Penalties. Virginia sorts misdemeanors into four classes. Class 1 carries up to 12 months in jail, a fine of up to $2,500, or both; Class 2 carries up to 6 months and up to $1,000; Class 3 and Class 4 offenses are fine-only, up to $500 and $250. Petit larceny (property worth less than $1,000), assault and battery and trespassing are all Class 1 misdemeanors.
First DUI. A first offense is a Class 1 misdemeanor with a mandatory minimum fine of $250. The license is also pulled for 7 days on the spot as an administrative suspension. A conviction brings a one-year license revocation, which a judge may soften with a restricted license that requires an ignition interlock, and enrollment in the Virginia Alcohol Safety Action Program (VASAP). Jail becomes mandatory with a high reading: 5 days at a blood alcohol content of 0.15 to 0.20, and 10 days above 0.20. Loudoun's higher-risk drivers may be placed on the Enhanced DWI Docket.
Family-member assaults. An assault and battery against a spouse, partner, parent, child or other household member is heard in the JDR court on Market Street, not the General District Court. An emergency protective order is often issued at the time of arrest. A first offender may be offered a deferred disposition with counseling, and a third such conviction can be charged as a felony.
Trial and outcomes. At the first date the judge confirms counsel; the trial itself is usually set several weeks later. Cases end in dismissal, a deferred disposition, a fine, a suspended sentence with probation through Community Corrections, or active jail time. Most finish in one to three months. A defendant unhappy with the result may appeal within 10 days to the Circuit Court for a completely new trial, with a jury of seven if requested. Ask for a lawyer at the first appearance or call the Loudoun Public Defender at (703) 771-2507.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Arrest and release. Felony arrests are processed at the Loudoun County Adult Detention Center, where the magistrate issues the warrant and decides whether to grant bail. A defendant held without bond, or on an amount too high to post, can ask a General District Court judge for a bond hearing and may be screened by the Pretrial Release Program for supervised release.
Preliminary hearing. Within a few weeks to a couple of months, the General District Court holds a preliminary hearing (the JDR court does so when the victim is a family member). The only question at that stage is whether probable cause exists, and a finding that it does sends, or certifies, the case on to the grand jury. The charge can also be reduced to a misdemeanor and resolved on the spot, or dismissed. The Commonwealth's Attorney sometimes skips this step by taking the case directly to the grand jury.
Indictment and Circuit Court. A Loudoun grand jury meets regularly at the Circuit Court on East Market Street. After an indictment, the defendant is arraigned in the Circuit Court, enters a plea and the case is set for trial. Most felonies resolve by plea agreement. At trial, a jury of 12 must agree unanimously, and since July 2021 the judge, not the jury, imposes the sentence unless the defendant chooses jury sentencing. Virginia's sentencing guidelines are advisory.
Common charges and penalty ranges.
- Grand larceny (property worth $1,000 or more): 1 to 20 years in prison, or up to 12 months in jail.
- Burglary: breaking into a home at night is a Class 3 felony (5 to 20 years), and a Class 2 felony when the intruder is armed; most other statutory burglary charges, such as entering a store or shed to steal, allow up to 20 years.
- Possession of a Schedule I or II drug (cocaine, heroin, fentanyl and the like): a Class 5 felony, with a range of 1 to 10 years in prison or a jail term of up to 12 months, and a possible first-offender deferral.
- Distribution or possession with intent to distribute: a first conviction carries 5 to 40 years, and dealing in large amounts triggers mandatory minimum terms. Adults 21 and over may legally possess up to an ounce of marijuana, but selling it is still a crime.
- Malicious wounding: a Class 3 felony punishable by 5 to 20 years, while unlawful wounding (the same injury without malice) is a Class 6 felony with 1 to 5 years.
Speedy trial and timing. Virginia Code §19.2-243 requires trial within five months of the probable cause finding for a jailed defendant and nine months for one on release, subject to exceptions such as continuances requested by the defense. Loudoun felonies typically take four months to a year.
After sentencing. Prison terms longer than 12 months are served with the Virginia Department of Corrections. Virginia has had no parole for felonies committed since January 1, 1995, though earned sentence credits can trim the time somewhat. Some felony charges and convictions may later qualify for sealing under Virginia's record-sealing law. The Loudoun Public Defender, (703) 771-2507, handles most appointed felony cases.
Violent felony (for example, murder, rape, robbery)
Detention. People arrested for homicide, sexual assault, robbery and similar crimes are booked at the Loudoun County Adult Detention Center and are often held without bond by the magistrate. A judge can revisit that decision at a bond hearing, where the court looks at the strength of the evidence, the defendant's record and ties to the community, and the safety of the alleged victim. When release is granted, it often comes with GPS monitoring through Community Corrections and a no-contact order.
Penalties. Virginia ended the death penalty in 2021. The most serious charges carry these ranges:
- Aggravated murder (formerly capital murder): a Class 1 felony, punished by life imprisonment when the conviction comes out of Loudoun.
- First-degree murder: a Class 2 felony, meaning a minimum of 20 years and as much as life.
- Second-degree murder: 5 to 40 years.
- Rape: 5 years to life.
- Robbery: 5 years to life.
- Aggravated malicious wounding (a wound causing permanent and significant injury): punished as a Class 2 felony with a range from 20 years up to life.
Process. These cases follow the felony route through a preliminary hearing (or direct indictment) and the Loudoun grand jury, then trial in the Circuit Court. Prosecutors in the Commonwealth's Attorney's office handle them from the first hearing, and expert witnesses, forensic testing and motions often stretch them to one or two years. The defense may request jury sentencing; otherwise the judge decides the sentence with the advisory guidelines in view.
Victims. Victims can register for custody notifications, ask for protective orders and work with the Victim/Witness Program at (703) 777-0417 throughout the case. Defendants who cannot afford counsel are represented by the Loudoun Public Defender or by a private lawyer the court certifies for serious felonies.
Juveniles (under 18) arrested in Loudoun County
Court. Charges against anyone under 18 are heard in the Loudoun County Juvenile and Domestic Relations District Court, 18 East Market Street, Leesburg, (703) 777-0300. Juvenile hearings are closed to the public in most cases, and a judge, not a jury, decides them.
Intake. Every juvenile complaint first goes to the 20th District Court Service Unit, the juvenile probation and intake office for Loudoun, Fauquier and Rappahannock, at 18 East Market Street, (703) 777-0303. An intake officer reviews the complaint and decides whether to file a petition with the court, divert the matter informally (for example, with an apology, restitution or community service) or, in serious cases, approve detention. After hours, a magistrate or on-call intake officer can authorize detention.
Detention. A youth who is detained is held at the Loudoun Juvenile Detention Center, 42055 Gourley Transit Drive, Leesburg, VA 20175, (703) 771-5200 (certified for 24 beds). The law requires a detention hearing within 72 hours, and in practice it is held on the next day the JDR court sits. The judge decides whether the young person stays in detention or goes home, sometimes with electronic monitoring or other conditions.
Prosecution and defense. The Commonwealth's Attorney prosecutes delinquency petitions. Parents are notified and expected to attend. If the family cannot afford a lawyer, the court appoints one, often from the Loudoun Public Defender, (703) 771-2507.
Outcomes. The JDR judge can dismiss the petition, defer a finding, or order probation through the Court Service Unit along with counseling, restitution, community service and other local programs. For serious or repeated offenses, the court can commit the youth to the Virginia Department of Juvenile Justice, which may place the youth at Bon Air Juvenile Correctional Center or in a community placement program closer to home.
Trial as an adult. A 14- to 17-year-old charged with certain serious felonies can be transferred to the Loudoun County Circuit Court after a transfer hearing in the JDR court. For the gravest offenses, such as murder or aggravated malicious wounding, the law generally allows the Commonwealth's Attorney to seek certification of a 16- or 17-year-old for adult trial once a preliminary hearing finds probable cause. Juvenile records are kept confidential in most cases, though some serious felony adjudications for older teens can be opened.
Federal cases (U.S. District Court) from Loudoun County
Court and offices. Loudoun is in the Eastern District of Virginia, and its federal criminal cases are heard by the Alexandria Division, which sits in the Albert V. Bryan U.S. Courthouse at 401 Courthouse Square (clerk's office (703) 299-2107). The U.S. Attorney's Office prosecutes from its Alexandria office at 2100 Jamieson Avenue, Alexandria, VA 22314, (703) 299-3700. Defendants who qualify for appointed counsel are represented by the Federal Public Defender for the Eastern District of Virginia (Alexandria office, 1650 King Street, Alexandria, VA 22314) or by a private lawyer from the court's Criminal Justice Act panel.
What makes a Loudoun case federal. Federal agencies such as the FBI, DEA, ATF and Homeland Security Investigations take cases that cross state lines or involve federal law: drug trafficking networks, firearm possession by a convicted felon or other prohibited person, bank robbery, online child exploitation, wire and bank fraud, and computer intrusions, which matter in a county packed with data centers and technology firms. Washington Dulles International Airport, which straddles the Loudoun and Fairfax line, generates its own federal cases, such as offenses aboard aircraft, weapons at security checkpoints and smuggling. A person can face state charges in Leesburg and federal charges for the same conduct, though prosecutors usually coordinate.
How a federal case moves.
- An initial appearance before a U.S. Magistrate Judge in Alexandria takes place soon after arrest, usually the same or next business day.
- If prosecutors seek detention, a detention hearing is generally held within three court days. Under the Bail Reform Act, the magistrate judge either releases the defendant on conditions supervised by U.S. Pretrial Services or orders detention when no conditions would reasonably assure appearance and public safety.
- A case charged by complaint must be followed by a grand jury indictment within 30 days.
- The Speedy Trial Act sets trial within 70 days, minus excluded time. The Eastern District's "rocket docket" reputation is well earned, so trial dates come quickly and continuances are harder to get than in many courts.
- Most defendants plead guilty under an agreement; trials use a 12-member jury that must be unanimous.
- U.S. Probation writes a presentence report, and the judge weighs the advisory Sentencing Guidelines along with any mandatory minimum.
- There is no federal parole. Prisoners typically serve about 85 percent of the term in the Federal Bureau of Prisons, then a period of supervised release.
- A defendant who wants to challenge a conviction or sentence files with the Fourth Circuit Court of Appeals, which sits in Richmond.
Locating someone in federal custody. Once a Loudoun defendant enters federal custody, the Federal Bureau of Prisons inmate locator will find them by name or by register number. If the Marshals Service is holding the Loudoun defendant before trial in a contracted local or regional jail, that jail's own inmate roster may list the person as well. Federal juvenile prosecutions are rare, and Loudoun youth cases almost always remain in the JDR court.
This page offers general information about the criminal courts serving Loudoun County, Virginia; it is not legal advice, and court practices, programs and phone numbers change. Anyone facing a charge should consult a Virginia criminal defense lawyer. To ask about appointed counsel, call the Loudoun Public Defender at (703) 771-2507 or the General District Court at (703) 777-0312; for custody questions, call the Adult Detention Center at (703) 777-0405 or the Sheriff's Office at (703) 777-1021.
Criminal Court Process for Loudoun County Virginia
Loudoun 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.