Montgomery County Jail

First at the Montgomery County Jail, 1 East Main Street, Christiansburg, VA 24073, phone 540-382-6904. Longer-term inmates may be at the Western Virginia Regional Jail, 5885 West River Road, Salem, VA 24153, 540-378-3700.

In Christiansburg, 95 First Street SE, Suite 2, Christiansburg, VA 24073, 540-382-6925. It is open around the clock.

Use the Montgomery County inmate search.

The same law applies. Show the magistrate local housing and school ties, which count in the decision (Va. Code § 19.2-120).

Deputies and Blacksburg or Christiansburg police bring the person to the county jail at 1 East Main Street. The magistrate on First Street SE, open all night, sets terms within a few hours (Va. Code § 19.2-80).

Most students and residents leave on their word or an unsecured bond; serious charges need money posted first (Va. Code § 19.2-123). Holding someone with no bail takes probable cause of flight or danger (Va. Code § 19.2-120).

At the East Main Street jail. Cash, Virginia real estate and DCJS-licensed bondsmen are all accepted (Va. Code § 9.1-185), and the bondsman's 10% to 15% is kept (Va. Code § 9.1-185.8). Bonds can be posted around the clock (Va. Code § 19.2-48.1).

The district court on the third floor of 55 East Main Street reviews bail at its next session (Va. Code § 19.2-158) and asks about counsel (Va. Code § 19.2-159). Circuit Court in Suite 1 hears appeals (Va. Code § 19.2-124).

Misdemeanor trials on the third floor can be appealed within 10 days (Va. Code § 16.1-132). Felonies get a preliminary hearing (Va. Code § 19.2-218) and may move on to Circuit Court. JDR is in Suite 2A at 55 East Main Street, Suite 2A, Christiansburg, VA 24073, 540-382-6999 (Va. Code § 16.1-241).

Yes. A Christiansburg judge appoints one after a sworn statement of income when jail is possible (Va. Code § 19.2-159).

Underage drinking and downtown Blacksburg arrests often bring no-alcohol terms and curfews. Stay-away orders are common in assault cases (Va. Code § 19.2-123). Domestic arrests start with a short protective order (Va. Code § 16.1-253.4).

Montgomery is one of the owners of the Western Virginia Regional Jail on West River Road. People held for longer may be moved there, about 40 minutes east on I-81. Out-of-state warrants can also keep someone in custody (Va. Code § 19.2-102) (Va. Code § 19.2-85).

East Main Street issues a capias, the bond is forfeited, and failing to appear may be charged (Va. Code § 19.2-128). Students heading home for break should check every date first.

The Western District of Virginia hears them in Roanoke (18 U.S.C. § 3142). Co-signers, often parents, owe the bond after a no-show (Va. Code § 19.2-143) but can surrender the student first (Va. Code § 19.2-149).

County jail: 540-382-6904. Regional jail: 540-378-3700. Magistrate: 540-382-6925.

Montgomery County is a New River Valley county of roughly 100,000 people whose seat is the town of Christiansburg; its other town, Blacksburg, is home to Virginia Tech. Criminal cases are heard in three courts that share the county courthouse at 55 East Main Street: the Montgomery General District Court, the Montgomery Juvenile and Domestic Relations District Court, and the Montgomery Circuit Court, all part of Virginia's 27th Judicial Circuit. The county's own elected Commonwealth's Attorney prosecutes. Adults who are held after arrest are booked into the Montgomery County Jail, run by the Sheriff in Christiansburg, and some are later moved to the Western Virginia Regional Jail in Salem, which the county helped build.

• Montgomery Circuit Court, 55 East Main Street, Suite 1, Christiansburg, VA 24073; Clerk (540) 382-5760 (option 7)
• Montgomery General District Court, 55 East Main Street, Third Floor, Christiansburg, VA 24073; traffic and criminal (540) 394-2086; payments (540) 382-5735
• Montgomery Juvenile and Domestic Relations District Court, 55 East Main Street, Suite 2A, Christiansburg, VA 24073, (540) 382-6999
• Magistrate, Montgomery office (open around the clock), 95 First Street SE, Suite 2, Christiansburg, VA 24073, (540) 382-6925
• Montgomery County Commonwealth's Attorney, 55 East Main Street, Suite 2B, Christiansburg, VA 24073, (540) 382-5705
• Montgomery County Sheriff's Office, 1 East Main Street, Christiansburg, VA 24073, (540) 382-6915
• Montgomery County Jail, 1 East Main Street, Christiansburg, VA 24073; inmate questions through the Sheriff's Office, (540) 382-6915
• Western Virginia Regional Jail, 5885 West River Road, Salem, VA 24153 (overflow, special-housing and sentenced inmates)
• 27th District Court Service Unit (juvenile intake), 55 Commerce Street, Pulaski, VA 24301, (540) 980-7735
• Defense for people who cannot afford a lawyer: no public defender office covers Montgomery County, so judges appoint private attorneys; ask the magistrate, the judge, or the General District Court clerk at (540) 394-2086.

Which court hears your case. Traffic offenses and misdemeanors charged in Montgomery County are tried in the Montgomery General District Court, where a judge decides the case without a jury; a defendant has 10 days after conviction to note an appeal to the Montgomery Circuit Court, which hears the case over again and allows a jury. Assaults and other offenses against a family or household member, and charges involving juveniles, are filed instead in the Montgomery Juvenile and Domestic Relations District Court. Felonies start with a preliminary hearing in the General District Court (or in the JDR court when the alleged victim is a family member) and go on to the Montgomery Circuit Court once a grand jury returns an indictment.

Where pretrial inmates are held. Montgomery County still operates its own local jail under the Sheriff, in the government complex at 1 East Main Street in Christiansburg, a short walk from the courthouse. The county is also one of four founding members, with Franklin County, Roanoke County and the City of Salem, of the regional jail authority in Salem, and that facility takes Montgomery inmates who need segregation, medical or mental health housing, along with many who have been sentenced. Someone arrested by Blacksburg, Christiansburg or Virginia Tech police is booked into the county jail first. For custody and bond questions, call the Sheriff's Office at (540) 382-6915.

Neither Blacksburg nor Christiansburg has a town court, because Virginia does not have municipal, town or mayor's courts at all. Charges written by the Blacksburg and Christiansburg town police, by Virginia Tech police on campus, and by deputies anywhere in the county, including Riner, Shawsville, Elliston and Prices Fork, all go to the Montgomery County courts in Christiansburg.

The courthouse at 55 East Main Street

• Montgomery General District Court, Third Floor; traffic and criminal division (540) 394-2086, civil (540) 394-2085; clerk's office open 8:30 a.m. to 4:30 p.m. This court handles misdemeanors, traffic cases and felony preliminary hearings, and it reviews release terms set by the magistrate.
• Montgomery Juvenile and Domestic Relations District Court, Suite 2A, (540) 382-6999; open 8:30 a.m. to 4:30 p.m.
• Montgomery Circuit Court, Suite 1; Clerk (540) 382-5760, option 7; judges' chambers (540) 382-5754. Felony trials, grand juries and appeals from the district courts are heard here.

Magistrate, intake and prosecution

• Magistrate, Montgomery office, 95 First Street SE, Suite 2, Christiansburg, VA 24073, (540) 382-6925. Staffed 24 hours a day; the magistrate issues warrants and makes the first bail decision.
• 27th District Court Service Unit, 55 Commerce Street, Pulaski, VA 24301, (540) 980-7735; the unit handles juvenile intake for Montgomery County.
• Montgomery County Commonwealth's Attorney, 55 East Main Street, Suite 2B, Christiansburg, VA 24073, (540) 382-5705. The office also houses the county's Victim/Witness Program.
• New River Valley Community Corrections and Pretrial Services supervises many defendants released before trial and people placed on local probation.
• Court-appointed counsel: the Virginia Indigent Defense Commission lists no public defender office for Montgomery County, so call the General District Court clerk at 540-394-2086. A judge appoints a private lawyer from the court's list after reviewing a financial statement.

Law enforcement

• Montgomery County Sheriff's Office, 1 East Main Street, Christiansburg, VA 24073, (540) 382-6915
• Blacksburg Police Department, 200 Clay Street NE, Blacksburg, VA 24060, (540) 443-1400
• Christiansburg Police Department, Christiansburg, VA 24073, (540) 382-3131 (office hours); after hours, regional 911 non-emergency dispatch (540) 382-4343
• Virginia Tech Police Department, 330 Sterrett Drive, Blacksburg, VA 24061, through dispatch at (540) 382-4343

With a large university population, Montgomery County's General District Court sees a steady flow of alcohol, DUI, shoplifting and trespass cases alongside ordinary traffic matters. Many minor charges begin with a summons that lists a court date; others begin with a custodial arrest.

From arrest to release

After an arrest, officers bring the person before the magistrate on First Street SE in Christiansburg. The magistrate decides whether there is probable cause, issues the warrant, and sets the terms of release. A person may be released on a recognizance promise to appear, on an unsecured bond that costs nothing unless the person misses court, or on a secured bond posted in cash or through a licensed bail bondsman. Conditions such as no contact with a complaining witness, alcohol restrictions, or supervision by New River Valley Community Corrections and Pretrial Services can be attached. Anyone who cannot meet the terms is held at the Montgomery County Jail. Virginia's 2021 bail reforms removed the presumption against release for listed offenses, so the magistrate looks at the person's risk of flight and danger to others. A General District Court judge can review the terms at a bond hearing, and that ruling can be appealed to the Circuit Court.

Advisement and a lawyer

A jailed defendant usually sees a judge the next day court is in session, when the charge is explained and the question of counsel is settled. Because there is no public defender office for the county, a defendant who cannot afford a lawyer and who faces possible jail time fills out a financial form and receives a court-appointed private attorney. If convicted, appointed-counsel fees may be added to court costs.

Common charges and penalties

• First DUI (Class 1 misdemeanor): a minimum fine of $250; mandatory jail of 5 days with a blood alcohol content of 0.15 to 0.20 and 10 days above 0.20; a license revocation lasting one year, though the judge may grant a restricted license tied to an ignition interlock; enrollment in VASAP; and a 7-day administrative suspension that begins at arrest.
• Petit larceny, meaning theft of less than $1,000, is a Class 1 misdemeanor, as is trespass.
• Assault and battery is also Class 1. If the alleged victim is a family or household member, the case is heard in the JDR court, where a first offender may qualify for a deferred disposition; prosecutors may charge a third family-assault conviction as a felony.
• Penalty scale: Class 1, up to 12 months in jail and/or a $2,500 fine; Class 2 misdemeanors carry no more than 6 months and a $1,000 fine; Class 3, a fine up to $500; Class 4, a fine up to $250.

How cases end

Results range from dismissal and deferred dispositions through first-offender programs to fines, suspended jail with probation, and active jail time. Because the district court trial is before a judge alone, a defendant who wants a jury can appeal within 10 days and start over in the Circuit Court. Most misdemeanors are resolved within one to three months, and an appeal adds time. Some charges and convictions may later be eligible for sealing under Virginia law.

Felony cases in Montgomery County range from drug distribution investigations along the Interstate 81 corridor to burglaries, vehicle thefts and fraud. The Commonwealth's Attorney's office in the courthouse handles every one of them.

The path of a felony case

1. Warrant and release decision. The magistrate charges the felony and decides bail; a defendant who is not released stays at the Montgomery County Jail, or at the regional jail in Salem if moved there.
2. First appearance. A district court judge advises the defendant of the charge and appoints counsel when the defendant qualifies.
3. Preliminary hearing. A Montgomery district judge hears the prosecution's evidence, in the General District Court or in the JDR court if the complaining witness is a relative, and rules on probable cause. A finding of probable cause sends the case on to the grand jury. The prosecutor may skip this step by seeking a direct indictment.
4. Grand jury and arraignment in the Montgomery Circuit Court.
5. Resolution. Most felonies end in a plea agreement. If the case is tried, the twelve Montgomery jurors have to reach a unanimous verdict. Since July 2021 the judge imposes sentence unless the defendant asks for jury sentencing, and the judge considers Virginia's voluntary sentencing guidelines.

Punishment ranges for the examples

• Burglary of a dwelling at night is a Class 3 felony (5 to 20 years), or Class 2 when the burglar is armed; breaking into a store, shed or other building under the statutory burglary sections can bring up to 20 years.
• Grand larceny (taking property worth $1,000 or more) carries 1 to 20 years in prison, though a judge or jury may impose up to 12 months in jail instead.
• Simple possession of a Schedule I or II drug, such as cocaine or fentanyl, is a Class 5 felony, with a prison range of 1 to 10 years and the option of a jail sentence of 12 months or less. A first conviction for distribution, or for possessing a drug with intent to sell it, can mean 5 to 40 years, and amounts above the statutory thresholds bring mandatory minimum sentences. Adults 21 and older may possess up to an ounce of marijuana, but selling it is still illegal.
• Malicious wounding is a Class 3 felony; unlawful wounding, without malice, is a Class 6 felony (1 to 5 years, or up to 12 months in jail).

Timing and prison

Under Code §19.2-243, a defendant held in custody generally must be tried within 5 months of the probable cause finding, and a released defendant within 9 months, although delays requested by the defense and other exceptions extend those limits. A typical felony case takes four to twelve months. Parole does not exist for Virginia felonies committed on or after January 1, 1995, but earned sentence credits may shorten the time actually served. Sentences of more than 12 months are served in the Virginia Department of Corrections, while shorter terms are generally served locally.

Violent felonies follow the same steps as other felonies in Montgomery County, but each step tends to take longer. Forensic testing at the state laboratory, expert witnesses and motions about evidence are common, and a case from arrest to verdict often runs one to two years. A magistrate or judge weighing release in these cases gives heavy weight to public safety, so many defendants stay at the Montgomery County Jail while the case is pending; a defendant can still ask for a bond hearing.

Penalties

• Aggravated murder (the former capital murder): Class 1 felony, life imprisonment. Virginia abolished the death penalty in 2021.
• First-degree murder, a willful and premeditated killing: Class 2 felony, punishable by 20 years to life in prison.
• Second-degree murder: 5 to 40 years.
• Rape: 5 years to life.
• Robbery: 5 years to life.
• Aggravated malicious wounding, where the victim is left permanently and significantly impaired: Class 2 felony, 20 years to life.

Victims and defense

Victims and witnesses have rights under Virginia's Crime Victim and Witness Rights Act, including notice of court dates and the chance to give a victim impact statement before sentencing. The Victim/Witness Program in the Commonwealth's Attorney's office, (540) 382-5705, provides those notices and court accompaniment. Cases arising at Virginia Tech are investigated by the university police, often with help from the Virginia State Police, and prosecuted in the Montgomery Circuit Court like any other county case. Defendants who cannot pay for a lawyer receive appointed counsel who meets the state's qualification standards for serious felonies.

When the person charged is under 18, the case goes to the Montgomery Juvenile and Domestic Relations District Court, 55 East Main Street, Suite 2A, Christiansburg, (540) 382-6999.

Court Service Unit intake

Montgomery County is served by the 27th District Court Service Unit, whose main office is at 55 Commerce Street in Pulaski, (540) 980-7735. An intake officer reviews each complaint from police, schools or families and decides whether to divert the case informally, file a petition so the case goes before a judge, or authorize detention for a youth who poses a risk to others or is likely to flee. When a petition is filed, the Commonwealth's Attorney prosecutes it.

Detention

A Montgomery youth who is detained is usually taken to the New River Valley Juvenile Detention Center, 650 Wades Lane NW, Christiansburg, VA 24073, (540) 381-0097, which is located in the county. A detention hearing must be held within 72 hours, or on the next day the court sits, where the judge decides whether the child can go home with conditions such as a curfew or electronic monitoring. A lawyer is appointed for the child if the family does not hire one.

Possible outcomes

• Informal diversion, dismissal, or probation supervised by the Court Service Unit, with conditions such as school attendance, community service, counseling and restitution.
• Local community programs and services arranged through the court.
• Commitment to the Department of Juvenile Justice for serious or repeated offenses; such a youth from Montgomery may serve the commitment at Bon Air Juvenile Correctional Center or through a community placement program.

Adult prosecution of a Montgomery juvenile

A child who was 14 or older at the time of certain serious felonies may be transferred to the Montgomery Circuit Court after a transfer hearing in the JDR court. For the gravest charges, such as murder or aggravated malicious wounding, the Commonwealth's Attorney may be able to certify a 16- or 17-year-old for adult trial after a preliminary hearing. Outside these situations, juvenile court records are generally kept confidential.

Montgomery County lies in the Western District of Virginia, and its federal criminal cases are assigned to the Roanoke Division, which sits in the Richard H. Poff Federal Building in downtown Roanoke, roughly 35 miles northeast of Christiansburg on Interstate 81.

• Clerk of the federal district court, Roanoke Division, 210 Franklin Road SW, Room 540, Roanoke, VA 24011, (540) 857-5100
• United States Attorney's Office, Western District of Virginia (headquarters), 310 First Street SW, Room 906, Roanoke, VA 24011, (540) 857-2250
• Office of the Federal Public Defender for the Western District (Roanoke), 210 First Street SW, Suite 400, Roanoke, VA 24011, (540) 777-0880; when that office has a conflict, the court appoints a private Criminal Justice Act panel lawyer

What makes a case federal

Federal agents, including the FBI, DEA and ATF, often work with the county's task forces on drug trafficking, firearms possession by felons and other prohibited persons, child exploitation, bank robbery, and fraud schemes. Sections of the Jefferson National Forest lie in the county, and offenses on that land can be brought in federal court. The Radford Army Ammunition Plant, a military installation along the New River, extends into the western part of the county, and serious crimes on the plant's grounds may also be prosecuted federally. Virginia Tech's campus is state property, so ordinary campus crimes remain in the county courts.

Federal procedure

The first court stop after a federal arrest is an appearance before a magistrate judge in Roanoke, who reads the charges and appoints a lawyer if needed. Commercial bail plays no part in Montgomery federal defendants' release: the Bail Reform Act lets the magistrate judge set conditions monitored by the federal Pretrial Services office, or order the person held after a detention hearing that ordinarily takes place within three court days. When a case starts with a complaint, the government must obtain an indictment within 30 days, and the Speedy Trial Act calls for trial within 70 days, a deadline the court often extends for complex cases. Trials are before 12 jurors who must agree unanimously, though most cases end with a plea.

Before sentencing, a probation officer prepares a presentence report. The judge considers the advisory Sentencing Guidelines and must impose any mandatory minimum sentence. There is no parole in the federal system, so inmates serve about 85 percent of a prison term in the Bureau of Prisons before supervised release begins. A defendant who appeals takes the case to the Fourth Circuit court of appeals in Richmond. Federal charges against juveniles are rare.

Finding someone in federal custody

Once a person is in federal custody, the Federal Bureau of Prisons inmate locator can be searched by name or by register number. A federal defendant awaiting trial might instead be housed in a local or regional jail under a contract with the United States Marshals Service and could appear on that jail's inmate roster.