Montgomery County Jail Criminal Court Process
Criminal Court Process for Montgomery County Virginia
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.
- Courts in Montgomery 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 Montgomery County
- Federal cases (U.S. District Court) from Montgomery County
1. Courts in Montgomery County (circuit, general district, and juvenile and domestic relations courts)
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 does not run a public defender office for Montgomery County. 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
2. Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
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.
3. Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
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
- 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.
- First appearance. A district court judge advises the defendant of the charge and appoints counsel when the defendant qualifies.
- 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.
- Grand jury and arraignment in the Montgomery Circuit Court.
- 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.
4. Violent felony (for example, murder, rape, robbery)
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.
5. Juveniles (under 18) arrested in Montgomery County
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.
6. Federal cases (U.S. District Court) from Montgomery County
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.
This guide describes criminal court procedure in Montgomery County in general terms and is not legal advice; court schedules, jail placements and office locations can change. Talk with a criminal defense attorney about any specific charge. To request a court-appointed lawyer, tell the magistrate or the judge at the first appearance, or contact the Montgomery General District Court clerk at (540) 394-2086. For information about a person in custody, call the Montgomery County Sheriff's Office at (540) 382-6915.
Criminal Court Process for Montgomery County Virginia
Montgomery 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.
