Newport News Juvenile Detention Center Criminal Court Process
Criminal Court Process for Newport News City Virginia
The City of Newport News, at the mouth of the James River, is one of Virginia's 38 independent cities and has no county government above it. Its criminal docket is split among three courts that serve only this city: the General District Court, the Juvenile and Domestic Relations District Court, and the Circuit Court, which alone forms Virginia's 7th Judicial Circuit. Cases are prosecuted by the Commonwealth's Attorney elected by city voters, an office the city does not share. When a magistrate denies release or sets a bond that cannot be posted, the accused is kept by the city Sheriff at the Newport News City Jail.
- Newport News City Jail, 2501 Washington Avenue, Newport News, VA 23607, (757) 926-3984 (inmate information)
- Newport News Sheriff's Office, 224 26th Street, Newport News, VA 23607, (757) 926-8759
- Magistrate, 7th District, 230 25th Street, Newport News, VA 23607, (757) 926-3522
- Newport News General District Court, 2500 Washington Avenue, 2nd Floor, Newport News, VA 23607, criminal (757) 926-8811; traffic (757) 926-8876
- Newport News Juvenile and Domestic Relations District Court, 2501 Huntington Avenue, Newport News, VA 23607, (757) 926-3603
- Newport News Circuit Court Clerk, 2500 Washington Avenue, Newport News, VA 23607, (757) 926-8561
- Commonwealth's Attorney for the City of Newport News, 2501 Washington Avenue, 6th Floor, Newport News, VA 23607, (757) 926-7399
- Newport News Public Defender, 2600 Washington Avenue, Suite 105, Newport News, VA 23607, (757) 247-2034
- Court Service Unit, 7th District, 2600 Washington Avenue, 5th Floor, Newport News, VA 23607, (757) 926-8781
- Pretrial Services, Hampton-Newport News Criminal Justice Agency, 2501 Washington Avenue, 4th Floor, Newport News, VA 23607, (757) 926-6960
- Newport News Police Department, 9710 Jefferson Avenue, Newport News, VA 23605, (757) 928-4100
Which court hears your case. For a city resident or visitor charged with a felony, the case opens with a preliminary hearing in the Newport News General District Court, or in the Newport News Juvenile and Domestic Relations District Court if the complaining witness is a relative or household member, and after a grand jury indictment it is tried in the Newport News Circuit Court. The JDR court is also where every charge against someone under 18 is heard, along with assaults and similar offenses within a family or household. Misdemeanors and traffic charges against adults belong to the General District Court, where only a judge decides guilt; within 10 days of a conviction there, the defendant may appeal to the Circuit Court and start over, with the option of a jury.
Where pretrial inmates are held. No regional jail is involved for this city. Adults awaiting trial on Newport News charges are held by the Sheriff at the Newport News City Jail, 2501 Washington Avenue, in the downtown government complex beside the courts, and the Sheriff can also place inmates in the office's jail annex. Before its closure, the Hampton Roads Regional Jail in Portsmouth took some Newport News prisoners; that jail no longer operates, and the city's inmates returned to local custody. The inmate information number is (757) 926-3984.
- Courts in the City of Newport News (circuit, general district, and juvenile and domestic relations courts)
- Where the courts of the City of Newport News sit
- From arrest to release in the City of Newport News: magistrate, bond and pretrial supervision
- Custody in the City of Newport News: the Sheriff's jail
- Getting a lawyer you can afford in the City of Newport News
- Prosecution and alternatives to conviction in the City of Newport News
- Treatment courts and special dockets serving the City of Newport News
- 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 the City of Newport News
- Federal cases (U.S. District Court) from the City of Newport News
1. Courts in the City of Newport News (circuit, general district, and juvenile and domestic relations courts)
Because Virginia does not have municipal, town or mayor's courts, the city's own state courts take every local criminal charge, whatever the agency that brought it. No towns lie within the City of Newport News, so arrests by city police, sheriff's deputies, state troopers and other officers working inside the city limits all land in the courts below.
Courts
- Newport News Circuit Court, 7th Judicial Circuit (clerk: Angela F. Reason) — 2500 Washington Avenue, Newport News, VA 23607, (757) 926-8561
- Newport News Juvenile and Domestic Relations District Court, 7th Judicial District — 2501 Huntington Avenue, Newport News, VA 23607, (757) 926-3603
- Newport News General District Court, 7th Judicial District — 2500 Washington Avenue, 2nd Floor, Newport News, VA 23607; criminal division (757) 926-8811, traffic division (757) 926-8876
Justice-system offices
- Newport News Police Department — 9710 Jefferson Avenue, Newport News, VA 23605, (757) 928-4100
- Sheriff's Office — 224 26th Street, Newport News, VA 23607, (757) 926-8759
- Commonwealth's Attorney — 2501 Washington Avenue, 6th Floor, Newport News, VA 23607, (757) 926-7399
- Newport News Public Defender (Virginia Indigent Defense Commission) — 2600 Washington Avenue, Suite 105, Newport News, VA 23607, (757) 247-2034
- Court Service Unit (7th District; juvenile intake) — 2600 Washington Avenue, 5th Floor, Newport News, VA 23607, (757) 926-8781
- Magistrate's Office — 230 25th Street, Newport News, VA 23607, (757) 926-3522; staffed 24 hours a day, 365 days a year
A defendant who cannot hire counsel should raise it with the judge at arraignment. The court then has the defendant complete a sworn financial statement and, if the defendant qualifies, names the Public Defender, or a private lawyer from its appointment list when the office cannot take the case.
2. Where the courts of the City of Newport News sit
The city concentrates its justice system in a compact block of downtown, bounded roughly by 25th and 26th streets between Washington and Huntington avenues.
- 2500 Washington Avenue — the main courthouse. Circuit Court courtrooms and the Circuit Court Clerk are here, and the General District Court occupies the 2nd floor with distinct windows for its criminal, traffic and civil divisions.
- 2501 Huntington Avenue — the JDR courthouse, which also contains Circuit Court Courtroom 5. A hearing notice that lists Courtroom 5 means this building, not the main courthouse.
- 230 25th Street — the magistrate. During business hours the public reaches it by entering the JDR courthouse and clearing security; after hours and on weekends and holidays, use the public door at the building's front right corner.
- 2501 Washington Avenue — the municipal complex housing the city jail, the Commonwealth's Attorney (6th floor) and the pretrial services agency (4th floor).
- 2600 Washington Avenue — the Public Defender (Suite 105) and the juvenile Court Service Unit (5th floor).
The General District Court clerk's offices keep 8 a.m. to 4 p.m. hours; the Circuit Court Clerk stays open until 4:30 p.m. Expect to pass through a metal detector at each building, leave weapons and anything resembling one at home, and plan extra time for parking downtown on heavy docket days. Defendants in custody are brought over from the jail by deputies or appear on video.
The financial form for a court-appointed lawyer can be picked up at the clerk's office for the court hearing the case; the Public Defender's office is a short walk away at 2600 Washington Avenue.
3. From arrest to release in the City of Newport News: magistrate, bond and pretrial supervision
Step one after an arrest is a hearing before a magistrate, which in this city frequently takes place over a video link from the booking area of the Newport News City Jail. Magistrates do not investigate; they hear the officer, decide whether probable cause exists to issue a warrant, and then decide whether the person goes home and on what terms. They can also issue emergency protective orders and search warrants.
Release can take one of these forms:
- A personal recognizance bond, which is simply a signed promise to appear.
- An unsecured bond, which names a dollar figure the person will owe only after missing court.
- A secured bond, meaning cash or property is posted up front, or a licensed bondsman puts up the full amount in exchange for a fee the defendant does not get back.
Flight risk and danger to the public are the questions the magistrate must answer; a 2021 change in Virginia law removed the old presumption against release for certain charges. The magistrate may also attach conditions, such as staying away from the alleged victim or checking in with Pretrial Services, a division of the Hampton-Newport News Criminal Justice Agency (2501 Washington Avenue, 4th Floor, (757) 926-6960). That agency supervises released defendants from both Hampton and Newport News.
If the magistrate's decision keeps someone locked up, a judge can review it. Adults usually get that review at their arraignment in General District Court, normally held on the next court day; charges involving a family member go to the JDR court instead. Either side can take a judge's release ruling to the Circuit Court. The arraignment is also when the defendant tells the court whether a lawyer has been hired or whether the Public Defender is needed.
4. Custody in the City of Newport News: the Sheriff's jail
Sheriff Gabriel A. Morgan's office runs the Newport News City Jail on Washington Avenue as a local, city-operated facility. Its population is a mix of people awaiting trial, people serving local sentences, and sentenced felons waiting for a bed in a state prison. A jail annex, also under the Sheriff, absorbs part of the population, so a person may be moved from one building to the other.
The city has narrowed its options over the past several years. Its old minimum-security City Farm along the James River closed, with those inmates shifted to the main jail. Then the member cities of the Hampton Roads Regional Jail, Newport News among them, voted in 2023 to shut that Portsmouth facility. Since then the Sheriff has housed Newport News detainees locally.
What families typically need:
- To find out whether someone is in custody, the charges and any bond amount, call inmate information at (757) 926-3984 with the person's full name and birth date.
- General questions about the Sheriff's Office go to (757) 926-8759, 224 26th Street.
- Rules on visiting, deposits to an inmate's account, mail and phone calls are set by the Sheriff and are updated from time to time; confirm them with the jail before acting.
When a person wanted on a Newport News warrant is picked up in another Virginia city or county, that locality usually holds the person until city deputies transport them back. The jail cannot advise anyone about a case; that is the role of defense counsel, including the Public Defender, (757) 247-2034.
5. Getting a lawyer you can afford in the City of Newport News
Two paths lead to free or reduced-cost counsel here. The first and most common is the Newport News Public Defender, a Virginia Indigent Defense Commission office dedicated to this city at 2600 Washington Avenue, Suite 105, (757) 247-2034. The second is a private attorney appointed from the court's list, used when the Public Defender cannot ethically take the case, for instance because it represents another person charged in the same incident.
Qualifying is a court decision. The defendant tells the magistrate, a deputy at the jail, or the judge at arraignment that money for a lawyer is short; the judge then reviews a sworn statement of income, expenses, assets and dependents. For adult criminal cases, the General District Court criminal clerk at (757) 926-8811 can explain where to get the form. Counsel is appointed when the charge carries a possible jail sentence; fine-only charges generally do not qualify.
Public defenders here appear in all three courthouses and represent children in delinquency cases as well as adults. For someone held at the Newport News City Jail, the appointed lawyer is usually the person to ask the court for a bond review. After a conviction, the court may add the fee for appointed counsel to the costs the defendant must pay.
People who want to hire their own attorney can contact the Virginia State Bar's lawyer referral service; magistrates and clerks are not allowed to recommend specific lawyers.
6. Prosecution and alternatives to conviction in the City of Newport News
Shannon M. Jones is the elected Commonwealth's Attorney for the city. Her office, on the 6th floor of 2501 Washington Avenue ((757) 926-7399), takes every felony from preliminary hearing to sentencing and appears in many misdemeanor cases; in some lower-level General District Court cases the arresting officer presents the evidence without a prosecutor.
The prosecutor's choices shape a case at almost every turn: what to charge, what position to take on bail, what offer to put on the table, and whether to agree to an alternative. Options that can keep a conviction off a person's record, or soften one, include:
- Treatment-based programs, among them the General District Court's behavioral health docket and the drug treatment court (described in the next section).
- Restitution and reduction, where a property charge is lowered or dismissed with costs after the victim is repaid.
- First-offender deferrals written into Virginia law, for example for some drug possession charges and a first assault on a family member, in which the court withholds a finding and later dismisses the case if the person completes the terms.
Victims are not left out of these decisions. The office's Victim/Witness staff tell victims about hearing dates, help them seek restitution and prepare impact statements under the Crime Victim and Witness Rights Act, and the prosecutor consults victims before agreeing to behavioral health docket admission.
Any negotiation over a plea or program should run through the defendant's attorney rather than through direct contact with the prosecutor.
7. Treatment courts and special dockets serving the City of Newport News
Several dockets in the city pair court supervision with treatment. Each one requires an application through defense counsel and approval by the prosecutor and the program staff.
Drug Treatment Court
Operated in partnership with the Hampton-Newport News Community Services Board, this program gives people facing certain non-violent, drug-related charges an alternative to incarceration. Expect frequent testing, counseling and regular appearances before the judge, with sanctions for slips and rewards for progress.
Behavioral Health Docket
Since 2018 the General District Court has run a docket for defendants whose offenses stem from a serious, untreated mental illness, created jointly by a judge, the prosecutor's office and the Public Defender. Entry comes before the preliminary hearing, so there is no finding of guilt at that point. Participants check in with the judge, follow medication and therapy plans, and may take part in anger-management or substance-use programs. Completing it can lead to dismissal or a reduced charge; leaving it sends the case back to the ordinary docket. Defendants in either the Newport News or the Hampton General District Court can apply.
Youth dockets
In the JDR court, the Court Service Unit works with the Community Services Board and the public schools on a juvenile drug court and a truancy court.
First-time DUI defendants are routed into the Virginia Alcohol Safety Action Program as part of the sentence rather than a dedicated docket. Veterans should mention their military service to their lawyer early. A defendant waiting at the Newport News City Jail for a treatment slot can ask the court to revisit bail once a placement is lined up.
8. Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Virginia sorts misdemeanors into four classes. The two lowest, Class 3 and Class 4, are punished by fines alone (no more than $500 and $250). Class 2 offenses allow up to six months behind bars, a $1,000 fine, or both. Class 1, the most serious, allows a year in jail and a $2,500 fine; shoplifting or other theft of property worth less than $1,000 (petit larceny), simple assault and battery, and trespassing all fall in this class.
How a case begins in the city depends on the officer. Many people are given a summons and simply told when to report to the General District Court on Washington Avenue. Others are arrested, taken to the magistrate and released on a promise to appear or a modest bond; those who stay in the Newport News City Jail see a judge at the next court session, where a lawyer is discussed and a trial date set.
A first DUI brings, at a minimum, a $250 fine, an immediate 7-day administrative suspension of the license, and a one-year revocation on conviction, often with a restricted license if an ignition interlock is installed. The law adds 5 days of mandatory jail at a blood alcohol content of 0.15 to 0.20, and 10 days above 0.20. Every person convicted must complete VASAP.
When the alleged victim is a family or household member, an assault charge is heard in the JDR court at 2501 Huntington Avenue. A magistrate may issue an emergency protective order the same night. First offenders can sometimes complete counseling under a deferred disposition and have the charge dismissed; repeat convictions can escalate, and a third one within the statutory window may be prosecuted as a felony.
There are no juries in General District Court; a judge hears the evidence and rules. Results include outright dismissal, a deferral leading to dismissal, a fine, a suspended jail term with probation, or time to serve. Expect most cases to wrap up in one to three months. If convicted, the defendant may file an appeal to the Newport News Circuit Court within 10 days and receive a completely new trial, with a jury on request. Eligible defendants facing possible jail can be represented by the Public Defender.
9. Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Here is roughly what each common felony carries under Virginia law:
- Grand larceny, meaning theft of $1,000 or more: 1 to 20 years in prison, or as little as a jail term of 12 months or less.
- Burglary: breaking into a dwelling at night is Class 3 (5 to 20 years), or Class 2 when the burglar was armed; breaking into other buildings, or entering by day, can still mean up to two decades.
- Simple possession of cocaine, heroin, fentanyl or another drug on Schedules I and II: Class 5, punishable by one to ten years in prison or by jail of no more than 12 months.
- Distribution or possession with intent: 5 to 40 years for a first offense, plus mandatory minimums for large quantities. Marijuana possession of an ounce or less is lawful for adults 21 and over, but sale is not.
- Malicious wounding: Class 3; unlawful wounding: Class 6, carrying one to five years in prison or a jail sentence of a year or less.
The case begins with booking at the Newport News City Jail and a release decision by the magistrate, who may set bail, impose pretrial supervision or order the person held. A General District Court judge then handles the arraignment, appoints counsel if needed, and schedules a preliminary hearing.
At the preliminary hearing, the prosecution has to show only probable cause. When it does, the judge certifies the charge to the grand jury of the Newport News Circuit Court. (For a felony against a family member, this hearing happens in the JDR court; the defense may waive it, and the prosecutor can bypass it by seeking a direct indictment.) Once indicted, the defendant is arraigned in Circuit Court and chooses between a bench trial and a jury of 12, whose verdict must be unanimous. Most cases end in a negotiated plea instead.
Sentencing is done by the judge, who reviews a presentence report and Virginia's voluntary guidelines; a defendant who prefers can request that the jury fix the sentence. A held defendant must be tried within 5 months of the probable-cause finding, and a released one within 9 months, subject to delays the defense agrees to or requests. Most felony cases finish in 4 to 12 months. Parole was abolished for felonies committed after January 1, 1995, though earned sentence credits may reduce time; any sentence longer than 12 months is served in a Department of Corrections prison.
10. Violent felony (for example, murder, rape, robbery)
Charges of homicide, sexual assault or armed robbery in the city typically mean a long stay at the Newport News City Jail, since magistrates frequently deny release outright. The defense can request a bond hearing before a judge, but release on these charges is uncommon.
Maximum and minimum terms set by statute:
- Robbery and rape each carry 5 years up to life in prison.
- Second-degree murder: 5 to 40 years.
- Aggravated malicious wounding and first-degree murder are both Class 2 felonies, punishable by 20 years to life.
- Aggravated murder, the offense once called capital murder, is a Class 1 felony with a sentence of life, since the death penalty ended in Virginia in 2021.
The procedural route matches other felonies — preliminary hearing, grand jury, Circuit Court — but these cases tend to take one to two years because of lab testing, video evidence, expert testimony and heavy motions practice. Senior prosecutors usually keep the case from start to finish. The defendant may choose a jury, and judge sentencing under the guidelines is the default unless the defense asks the jury to decide punishment; mandatory minimums bind either way.
Families of victims can reach the Commonwealth's Attorney's Victim/Witness staff through (757) 926-7399; the Crime Victim and Witness Rights Act guarantees notice of proceedings and a chance to describe the harm before sentencing. After a guilty verdict, the defense has an appeal of right to the Court of Appeals of Virginia, a rule in effect since 2022, with possible further review by the Supreme Court of Virginia. Defendants who qualify financially can be represented by the Public Defender at every stage.
11. Juveniles (under 18) arrested in the City of Newport News
When police in the city take a minor into custody, they contact the Court Service Unit for the 7th District rather than booking the child into an adult jail. The unit's intake office, at 2600 Washington Avenue on the 5th floor ((757) 926-8781), runs from 8 a.m. until 7 p.m., and its staff also handle late-night intake at the city's curfew center most nights of the week.
An intake officer has three main options. The complaint can be diverted, with the youth completing an agreement such as restitution, counseling or community service; a petition can be filed, sending the case to the Newport News Juvenile and Domestic Relations District Court at 2501 Huntington Avenue ((757) 926-3603); or, if the youth is a danger or likely to run, the officer can authorize secure detention.
Detained youth go to the Newport News Juvenile Detention Center, 350 25th Street, (757) 926-1600. Within 72 hours, or by the next day the court is open, a JDR judge holds a detention hearing to decide whether the child can be released to a parent, perhaps with home monitoring or a curfew. The Commonwealth's Attorney's office prosecutes the petition, and the child is entitled to a lawyer, often from the Public Defender's office.
A judge who finds a child delinquent can choose from a range of dispositions: a deferred finding later dismissed, probation with the Court Service Unit, community-based programs, juvenile drug court, or, for serious or repeated offenses, commitment to the Department of Juvenile Justice, which places committed youth at Bon Air Juvenile Correctional Center or in a community program.
Adult prosecution. Some cases leave the juvenile system. If a child aged 14 or older faces certain serious felony charges, the prosecutor may ask the JDR judge for a transfer hearing, and the judge can move the case to the Newport News Circuit Court. For the most serious offenses, murder and aggravated malicious wounding among them, the Commonwealth's Attorney can generally certify a 16- or 17-year-old for adult trial after probable cause is found at a preliminary hearing. Where such a youth waits for trial depends on the court's order; it may be the juvenile center or the Newport News City Jail.
In most cases, the records of the juvenile court stay confidential; exceptions exist for certain serious felonies.
12. Federal cases (U.S. District Court) from the City of Newport News
Federal prosecutions arising in the city stay close to home: the U.S. District Court for the Eastern District of Virginia has a Newport News Division with a courthouse at 2400 West Avenue, Newport News, VA 23607. The building has no public clerk counter, so the district directs filers to the Norfolk drop box and publishes (757) 222-7202, the Norfolk clerk's number, as the contact ((757) 222-7202).
Which cases end up there? Typically those investigated by agencies such as the FBI, DEA or ATF, sometimes working alongside city officers, involving:
- large-scale drug distribution and conspiracy;
- firearm possession by felons and other prohibited people;
- bank robbery, fraud schemes and child-exploitation offenses;
- crimes committed on federal property, such as Fort Eustis, the Army half of Joint Base Langley-Eustis, located in the city's north end.
Minor offenses and citations written at Fort Eustis and other Peninsula federal installations are heard on a magistrate judge's petty-offense docket in Newport News, (757) 247-0784, while federal DUI cases from this division are scheduled in Norfolk.
Federal offices that handle these cases:
- U.S. Attorney's Office — One City Center, 11815 Fountain Way, Suite 200, Newport News, VA 23606, (757) 591-4000
- U.S. Probation and Pretrial Services keeps an office inside the City of Newport News at 827 Diligence Drive, Suite 210, Newport News, VA 23606
- Federal Public Defender — no Newport News office; the nearest Eastern District office is at 500 East Main Street in Norfolk, and private Criminal Justice Act panel lawyers are appointed when the defender has a conflict
The process moves quickly. A defendant first sees a U.S. magistrate judge, and a detention hearing, if the government requests one, generally takes place within three court days. The Bail Reform Act lets the judge release the defendant under Pretrial Services supervision with conditions, or order detention. Charges filed by complaint must be followed by an indictment within 30 days, and the Speedy Trial Act sets a 70-day clock for trial; the Eastern District's "rocket docket" nickname reflects its long habit of holding parties to tight schedules.
Guilty pleas resolve most cases. A probation officer then prepares a presentence report, and the judge applies the advisory Sentencing Guidelines along with any mandatory minimum. Because the federal system has no parole, prisoners generally serve about 85 percent of their term in a Bureau of Prisons facility and then a period of supervised release. A trial requires a unanimous jury of 12, and appeals are taken to the Fourth Circuit Court of Appeals in Richmond. Prosecutions of juveniles in federal court are infrequent.
Use the Federal Bureau of Prisons inmate locator to search for a federal prisoner by name or register number. Note that a person awaiting a federal trial might be kept in a local or regional jail that holds prisoners for the U.S. Marshals, in which case that jail's roster may list them.
The information above describes, in general terms, how criminal matters from the City of Newport News are handled in Virginia and federal courts. It is not legal advice, and offices, phone numbers and procedures change. For help with your own case, consult a Virginia criminal defense lawyer, or ask about appointed counsel through the Newport News Public Defender at (757) 247-2034 or the General District Court criminal division at (757) 926-8811.
Criminal Court Process for Newport News City Virginia
Newport News City 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.