New Kent County Jail Criminal Court Process

1. Courts in New Kent County (circuit, general district, and juvenile and domestic relations courts)

There are no municipal, town or mayor's courts in Virginia, and New Kent has no incorporated towns in any case. Communities such as Providence Forge, Quinton, Lanexa, Barhamsville, Talleysville, Eltham and Bottoms Bridge are unincorporated, so a charge from any of them, including arrests around the Colonial Downs racetrack or the Interstate 64 exits, is filed in the New Kent General District Court, the New Kent JDR court or the New Kent Circuit Court.

The courts on Courthouse Circle

• New Kent General District Court (9th Judicial District; misdemeanors, traffic, felony preliminary hearings, bail reviews), 12001 Courthouse Circle (P.O. Box 127), New Kent, VA 23124, (804) 966-9530; clerk's office open 8:30 a.m. to 4:30 p.m.
• New Kent Juvenile and Domestic Relations District Court (9th Judicial District), 12001 Courthouse Circle, 2nd Floor (P.O. Box 174), New Kent, VA 23124, (804) 966-9620. The court posts a schedule in which traffic matters, counsel determinations and criminal trials are called at 8:30 a.m. on the first, third and fifth Wednesdays of the month.
• New Kent Circuit Court (9th Judicial Circuit), 12001 Courthouse Circle (P.O. Box 98), New Kent, VA 23124. Clerk (804) 966-9520, open 8:30 a.m. to 4:30 p.m. Court opens at 9:00 a.m.; terms begin on the second Monday in January and the third Monday in March, May, July, September and November, and the grand jury meets on the first day of each term.

Other offices

• 9th District Magistrate, 9320 Merrimac Trail, Williamsburg, VA 23185, (757) 820-3905
• 9th District Court Service Unit, 4093 Ironbound Road, Suite D, Williamsburg, VA 23188, (757) 564-2460 (a New Kent branch serves the county)
• New Kent County Commonwealth's Attorney, courthouse complex, Courthouse Circle, New Kent, VA 23124; the prosecutor's main line is (804) 966-5548
• New Kent County Sheriff's Office, 11995 Courthouse Circle, New Kent, VA 23124, (804) 966-9500 (staffed around the clock)
• Henrico County Jail East, 17320 New Kent Highway, Barhamsville, VA 23011, (804) 652-1211

New Kent has no county police department; the Sheriff's deputies patrol, investigate and serve warrants, and Virginia State Police troopers make many of the arrests on Interstate 64 and Route 249. All of those cases come to the same Courthouse Circle courts. Anyone who cannot afford a lawyer asks the magistrate or the judge for an appointment, since the county relies on private court-appointed attorneys.

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

Traffic and DUI cases from the Interstate 64 corridor make up a large share of the New Kent General District Court's docket, along with shoplifting, trespass and domestic disputes.

After the arrest

A deputy or trooper brings the person before a 9th District magistrate, frequently by video, and the magistrate issues the charge and sets release terms. Most misdemeanor defendants leave on a summons, a recognizance or an unsecured bond; someone who is not released goes to Henrico County Jail East and comes before a judge at the next session of the General District Court, or of the JDR court when a family member is the alleged victim.

How the case is decided

No jury sits in either district court. The judge listens to the deputy, any witnesses and the defense and rules, usually the same day. Pleas to reduced charges and first-offender deferrals are common. After a conviction, a 10-day window allows an appeal to the New Kent Circuit Court for a brand-new trial, where seven jurors decide a misdemeanor if the defendant wants a jury.

Penalties for the example charges

• Petit larceny (property valued under $1,000) is a Class 1 misdemeanor, which means up to 12 months in jail and a fine as high as $2,500.
• A first DUI is a Class 1 misdemeanor carrying at least a $250 fine; 5 mandatory jail days for a blood alcohol level from 0.15 to 0.20 and 10 days above 0.20; revocation of the license for one year, with a restricted license and ignition interlock possible; the Virginia Alcohol Safety Action Program (VASAP); and a 7-day administrative license suspension that starts at arrest.
• Assault and battery is a Class 1 misdemeanor; when the accused and the victim are family or household members, the JDR court hears it, a first offender may be offered a deferred disposition, and a third conviction can be prosecuted as a felony.
• Trespassing is treated as a Class 1 misdemeanor as well.

Lesser classes: Class 2, up to 6 months and $1,000; Class 3, a fine up to $500; Class 4, a fine up to $250. A New Kent misdemeanor may end in dismissal, deferral, a fine, a suspended sentence with Colonial Community Corrections probation, or jail. Expect one to three months from charge to finish, more if the case is appealed. Virginia's record-sealing law may later cover some of these charges and convictions.

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

Sheriff's investigators and State Police handle most New Kent felonies. Drug cases arising from interstate traffic stops, thefts from construction sites and homes, and break-ins in the county's fast-growing subdivisions are typical, and the New Kent Commonwealth's Attorney prosecutes them in the 9th Judicial Circuit.

The route from warrant to verdict

1. Release decision. A magistrate issues the felony warrant and decides on bail. A person who is held is booked at Henrico County Jail East, and the defense can request a bond hearing in the district court and appeal the outcome to the Circuit Court.
2. Arraignment. The General District Court (or JDR court in a family-victim case) advises the defendant of the charge, appoints a lawyer if the defendant qualifies, and schedules a preliminary hearing.
3. Preliminary hearing. If the judge finds probable cause, the charge is certified to the grand jury. If not, it is dismissed, though the Commonwealth may still pursue an indictment. Sometimes the prosecutor goes straight to the grand jury without any preliminary hearing.
4. Grand jury and Circuit Court. The New Kent grand jury meets at the start of each Circuit Court term; an indictment sends the case to Circuit Court arraignment and a trial date.
5. Plea or trial. Plea agreements resolve most cases. At trial, the defendant chooses between a judge and a 12-member jury whose verdict must be unanimous. The judge sets the sentence (unless the defendant has asked for jury sentencing, an option since July 2021), guided by Virginia's voluntary sentencing guidelines and a presentence report.

Sentencing ranges

• Grand larceny (property worth $1,000 or more): New Kent Circuit Court can impose 1 to 20 years in prison or, instead, up to 12 months in jail.
• Burglary: a nighttime break-in of a dwelling is a Class 3 felony, 5 to 20 years, or Class 2 if the person was armed; other statutory burglaries can bring up to 20 years.
• Possession of a Schedule I or II drug: a Class 5 felony, 1 to 10 years or up to 12 months in jail, with a deferral possible for first offenders.
• Distribution or possession with intent to distribute: a first conviction can bring anywhere from 5 to 40 years, and large quantities trigger mandatory minimum terms. Adults 21 or older can legally have up to one ounce of marijuana, but sale is still a crime.
• Malicious wounding (injuring someone with intent to maim or kill) is punished as a Class 3 felony with 5 to 20 years, while unlawful wounding, the version without malice, is a Class 6 felony carrying 1 to 5 years or as much as a year in jail.

Virginia's speedy-trial law gives the Commonwealth 5 months after the probable cause finding to try a jailed defendant and 9 months for one on release, with exceptions. Felonies committed after January 1, 1995 carry no parole, although earned sentence credits may shorten the term, and sentences above 12 months are served in the Virginia Department of Corrections. Most New Kent felony cases take four months to a year.

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

When a homicide, sexual assault or robbery occurs, the Sheriff's Office often works with the Virginia State Police on the investigation. Because the magistrate and judges weigh danger to the community heavily, defendants in these cases are frequently denied bail or given high secured bonds and held at Henrico County Jail East until trial.

Penalties

• Aggravated murder (what Virginia called capital murder before 2021): Class 1 felony, life in prison; the death penalty was abolished that year.
• First-degree murder is classed as a Class 2 felony with a range of 20 years to life, and second-degree murder carries 5 to 40 years.
• Rape can bring anywhere from 5 years to life, and the person must register as a sex offender.
• Robbery: 5 years to life; using a firearm adds mandatory time.
• Aggravated malicious wounding, where the victim is left permanently and significantly impaired, is also Class 2, at 20 years to life.

What the case will look like

A case of this kind normally lasts one to two years. Forensic analysis, expert witnesses and mental-health evaluations take time, and defense lawyers commonly waive the speedy-trial deadline to prepare. The Circuit Court appoints a private lawyer qualified for serious felonies when the defendant cannot pay. The Commonwealth's Attorney's office notifies victims of hearings and plea offers under the Crime Victim and Witness Rights Act, and victims may give an impact statement at sentencing.

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5. Juveniles (under 18) arrested in New Kent County

Delinquency cases involving New Kent youth are heard on the second floor of the courthouse by the New Kent Juvenile and Domestic Relations District Court, (804) 966-9620. Before a case reaches a judge, the 9th District Court Service Unit, which serves New Kent through a local branch and keeps its main office in Williamsburg, (757) 564-2460, reviews the complaint.

What intake decides

The intake officer can file a petition, which starts a formal case; divert the matter with conditions like restitution, community service or counseling; or, for a serious offense or a youth who may run or hurt someone, authorize secure detention. Petitions are prosecuted by the New Kent Commonwealth's Attorney, and a lawyer is appointed for a child whose family cannot afford one.

Detention

New Kent belongs to the 9th District, whose localities are generally served by the Middle Peninsula Juvenile Detention Commission, so a detained New Kent youth is typically taken to a regional facility such as the Merrimac Juvenile Detention Center, 9300 Merrimac Trail, Williamsburg, (757) 887-0225. The Court Service Unit can confirm the placement in a particular case. A detention hearing must be held within 72 hours, or on the next day the court sits if the deadline falls on a weekend or holiday, and the judge decides whether the child can go home under conditions.

Outcomes

• dismissal, diversion or a deferred finding;
• Court Service Unit probation with conditions on school, curfew, counseling or restitution;
• community programs or brief post-dispositional detention;
• commitment to the Department of Juvenile Justice, meaning the Bon Air Juvenile Correctional Center or a community placement.

When a youth may be tried as an adult

For certain serious felonies charged against a child 14 or older, the JDR court can hold a transfer hearing and send the case to the New Kent Circuit Court. With the most serious 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 once a preliminary hearing establishes probable cause. Juvenile records are kept confidential in most cases, and a lawyer can explain later options for having them destroyed or sealed.

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6. Federal cases (U.S. District Court) from New Kent County

Federal prosecutions from New Kent belong to the Richmond Division of the U.S. District Court for the Eastern District of Virginia, about 30 miles west of the courthouse on Interstate 64.

• U.S. District Court, Richmond Division, Clerk's Office, Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse, 701 East Broad Street, Richmond, VA 23219, (804) 916-2220
• United States Attorney's Office (Richmond), 919 East Main Street, Suite 1900, Richmond, VA 23219, (804) 819-5400
• Office of the Federal Public Defender, Eastern District of Virginia (Richmond), 701 East Broad Street, Richmond, VA 23219; private Criminal Justice Act panel attorneys take conflict cases

Typical federal matters

No military base or large federal reservation sits in New Kent, so federal cases here usually grow out of the offense itself rather than the place. Drug and gun trafficking moving along Interstate 64 between Richmond and Hampton Roads, firearm possession by convicted felons, bank robbery, fraud, and online child exploitation are the most common reasons a county arrest is handed to federal prosecutors.

Steps in a federal case

The first stop is an initial appearance before a magistrate judge in Richmond, who reviews the charge and appoints counsel for a defendant who cannot pay. The government can ask for detention, and that hearing usually comes within three court days; federal court does not use the commercial bail bond system found in state court, and under the Bail Reform Act the judge either releases the person on conditions supervised by U.S. Pretrial Services or orders detention. A grand jury must indict within 30 days of an arrest on a complaint, and trial must generally begin within 70 days under the Speedy Trial Act. The Eastern District's reputation as a "rocket docket" means schedules here are short.

Most cases end in guilty pleas; a trial jury has 12 members and must be unanimous. Before a sentence is imposed, a federal probation officer writes a presentence report, and the judge consults the advisory Sentencing Guidelines along with any statutory minimum. With no federal parole, a prisoner serves roughly 85 percent of the term in the Federal Bureau of Prisons and then a term of supervised release. Appeals from Richmond Division judgments are decided by the Fourth Circuit Court of Appeals, which also meets in Richmond.

Locating a federal inmate

To check on a person in federal custody, enter a name or a BOP register number in the Federal Bureau of Prisons inmate locator. If the Marshals Service is holding a pretrial defendant in a local or regional jail by contract, that jail's inmate roster may list the person too. Federal court rarely handles juvenile cases, so New Kent youth charges almost always remain in the JDR court.

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