Norfolk City Jail Criminal Court Process
Criminal Court Process for Norfolk city, Norfolk Virginia
The City of Norfolk is one of Virginia's 38 independent cities, governed separately from any county and served by its own courts, prosecutor and sheriff. Three state courts decide criminal matters here, and they share a single downtown building on St. Paul's Boulevard: the Norfolk General District Court for misdemeanors and traffic charges, the Norfolk Juvenile and Domestic Relations District Court for juvenile and family-violence cases, and the Norfolk Circuit Court for felonies and jury trials. Together they make up the 4th Judicial Circuit, a circuit that serves Norfolk City and nowhere else. The city's elected Commonwealth's Attorney brings every state prosecution, and arrested adults who are not released are held by the Norfolk Sheriff's Office in the Norfolk City Jail on East City Hall Avenue.
- Norfolk Circuit Court (Clerk of the Circuit Court, 7th Floor), 150 St. Paul's Boulevard, Norfolk, VA 23510, (757) 389-8942
- Norfolk General District Court, 150 St. Paul's Boulevard, Norfolk, VA 23510; criminal (757) 664-4915, traffic (757) 664-4911
- Norfolk Juvenile and Domestic Relations District Court, 150 St. Paul's Boulevard, 5th Floor, Norfolk, VA 23510, (757) 664-7340
- District 4 Magistrate's Office, 811 East City Hall Avenue, Room 109, Norfolk, VA 23510, (757) 664-4198
- Court Service Unit, 4th District (juvenile intake and probation), 150 St. Paul's Boulevard, 2nd Floor, Norfolk, VA 23510, (757) 664-7601
- Norfolk Commonwealth's Attorney, 800 East City Hall Avenue, Suite 600, Norfolk, VA 23510, (757) 664-4444
- Norfolk Public Defender Office, 125 St. Paul's Boulevard, Suite 600, Norfolk, VA 23510, (757) 314-2380
- Norfolk Sheriff's Office (jail and courts), 24 hours: (757) 664-4700; administration at 538 Front Street, Norfolk, VA 23510
- Norfolk Police Department headquarters, 100 Brooke Avenue, Norfolk, VA 23510, (757) 664-3277; non-emergency calls (757) 441-5610
- Norfolk Criminal Justice Services, Pretrial Services Division, 711 Granby Street, Norfolk, VA 23510, (757) 441-1413
- Norfolk City Jail, 811 East City Hall Avenue, Norfolk, VA 23510, (757) 664-4700
- Norfolk Juvenile Detention Center, 1260 Security Lane, Norfolk, VA 23502, (757) 441-5667
Which court hears your case. Where a Norfolk City charge is heard depends on what it is and who is involved. Traffic offenses and misdemeanors, such as reckless driving on Tidewater Drive or trespassing at a downtown business, go to the Norfolk General District Court, where a judge rules without a jury; a defendant found guilty there has 10 days to note an appeal to the Norfolk Circuit Court, which retries the case from scratch and will seat a jury on request. Charges against a minor, and assaults or other crimes against a family or household member, are filed in the Norfolk Juvenile and Domestic Relations District Court instead. Felony cases begin with a preliminary hearing in one of the two district courts (the JDR court when the complainant is a relative or household member) and are tried in the Norfolk Circuit Court after the grand jury indicts.
Where pretrial inmates are held. Norfolk City keeps its own adult jail rather than belonging to a regional jail authority. The jail stands at 811 East City Hall Avenue, next to the magistrate's office, and the elected Sheriff runs it for Norfolk cases alone; the Portsmouth regional jail that Norfolk once shared with four other cities has shut down. Anyone the magistrate does not release, or who has not yet posted bail, stays there pending trial. Custody questions can be put to the Sheriff's Office around the clock at (757) 664-4700.
- Courts in Norfolk City (circuit, general district, and juvenile and domestic relations courts)
- Finding your way in the Norfolk courts building
- After an arrest in Norfolk City: magistrate, release and pretrial services
- Inside the Norfolk City Jail system
- Getting a public defender in Norfolk City
- How the Norfolk prosecutor's office works, including diversion
- Treatment dockets in the Norfolk Circuit Court
- 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 Norfolk City
- Federal cases (U.S. District Court) from Norfolk City
1. Courts in Norfolk City (circuit, general district, and juvenile and domestic relations courts)
No Virginia locality has a municipal or mayor's court, and Norfolk City is no exception. There are also no towns within the city, so the courts listed here receive every criminal case that starts inside Norfolk's boundaries, from a Granby Street citation to a felony warrant served in Ocean View. A Norfolk police officer, a sheriff's deputy, a Virginia State Police trooper or an officer from one of the city's university police forces may make the arrest, but the case still lands in these courts.
The three courts
- Norfolk General District Court (4th Judicial District), 150 St. Paul's Boulevard, Norfolk, VA 23510. Criminal division (757) 664-4915 or (757) 664-4916; traffic division (757) 664-4911 or (757) 664-4912; general line (757) 664-4910. Clerk's hours 8:00 a.m. to 4:00 p.m.
- Norfolk Juvenile and Domestic Relations District Court (4th Judicial District), 150 St. Paul's Boulevard, 5th Floor, Norfolk, VA 23510, (757) 664-7340. Clerk's hours 8:00 a.m. to 4:00 p.m.
- Norfolk Circuit Court (4th Judicial Circuit), Clerk's Office on the 7th Floor, 150 St. Paul's Boulevard, Norfolk, VA 23510, (757) 389-8942. Clerk's hours 8:45 a.m. to 4:45 p.m.
Supporting offices
- Magistrates (District 4): 811 East City Hall Avenue, Room 109, Norfolk, VA 23510, (757) 664-4198; open around the clock for warrants and bail decisions
- 4th District Court Service Unit: 150 St. Paul's Boulevard, 2nd Floor, (757) 664-7601, weekdays 8:15 a.m. to 5:00 p.m.
- Commonwealth's Attorney: 800 East City Hall Avenue, Suite 600, (757) 664-4444
- Public Defender: 125 St. Paul's Boulevard, Suite 600, (757) 314-2380
- Sheriff: (757) 664-4700
- Norfolk Police Department: 100 Brooke Avenue, (757) 664-3277; non-emergency (757) 441-5610
To request a court-appointed lawyer, a defendant tells the magistrate or the judge at the first hearing, or completes the financial eligibility form at the General District Court's criminal clerk's office. In most Norfolk cases the appointment goes to the public defender.
2. Finding your way in the Norfolk courts building
Instead of separate courthouses scattered around town, Norfolk City places all three of its trial courts under one roof at 150 St. Paul's Boulevard, near the corner of City Hall Avenue. Knowing which floor to visit saves time:
- 2nd floor: the Court Service Unit, where juvenile complaints and family petitions begin.
- 5th floor: the Juvenile and Domestic Relations District Court clerk and courtrooms.
- 7th floor: the Circuit Court clerk, which keeps felony indictments, jury-trial files and appeals from the district courts.
- Room 2102: the pretrial services intake office, (757) 664-4972, where people released under supervision check in.
The General District Court's clerk's office handles the criminal, traffic and civil dockets for that court, and the court posts each day's cases by courtroom. Some dockets meet on fixed schedules; probation revocation hearings, for instance, are set at 10:00 a.m. on Thursdays and Fridays.
Expect airport-style screening at the door. Bring the summons or warrant, a photo ID and any paperwork the lawyer requested, and plan for a wait, since many cases share the same docket call.
Three offices that matter after an arrest are outside the building. The magistrate's office and the Norfolk City Jail share the 811 East City Hall Avenue site, the Commonwealth's Attorney is at 800 East City Hall Avenue, and the public defender's lawyers work across the boulevard at number 125. Questions about posting a bond after hours should go to the jail or the magistrate.
3. After an arrest in Norfolk City: magistrate, release and pretrial services
Who decides whether the person goes home?
A magistrate does, usually within hours. Magistrates are judicial officers, not police, and the District 4 office at 811 East City Hall Avenue is staffed every hour of every day. After the arresting officer explains the facts, often over a video link, the magistrate either issues a warrant or summons or declines to, and then sets the terms of bail.
What kinds of release are there?
- Personal recognizance: release on a signed promise to appear, with no money.
- Unsecured bond: a dollar figure is set, but nothing is paid unless the defendant skips court.
- Secured bond: the amount must be put up, either in full in cash or through a bail bondsman licensed by Virginia's Department of Criminal Justice Services, who charges a fee.
- Held without bond: the defendant stays in custody until a judge reviews the decision.
The magistrate can add conditions, such as no contact with an alleged victim, staying away from a location, or reporting to pretrial services. Under the law in effect since 2021, no offense automatically triggers a presumption of detention; the magistrate asks instead whether this defendant will show up for court and whether letting him or her out puts anyone at risk.
What does pretrial services do?
Norfolk Criminal Justice Services, at 711 Granby Street ((757) 441-1413), screens and interviews arrestees, verifies their background, checks criminal records and scores a risk assessment so judges have more information. It recommends but does not decide. People released under its supervision may be required to check in, submit to drug or alcohol tests, or start treatment.
Can the bond be changed?
Yes. A defendant who is held, or whose amount is out of reach, can ask a judge of the General District Court, or of the JDR court for juvenile and family cases, to reconsider at a bond hearing. If that judge says no, the defense can appeal to the Norfolk Circuit Court.
When is the first court appearance?
Detained defendants are usually arraigned the next day court is in session, typically by video from the jail. At this advisement the judge confirms the charge, explains the right to counsel and asks how the defendant plans to get a lawyer. The judge may appoint the public defender on the spot after the defendant signs a financial statement, and then schedules trial (for a misdemeanor) or a preliminary hearing (for a felony). Released defendants come to court on the date written on their release papers.
4. Inside the Norfolk City Jail system
Norfolk City's elected Sheriff is responsible for the Norfolk City Jail, a locally run facility at 811 East City Hall Avenue, Norfolk, VA 23510. Its population mixes people awaiting trial, people serving misdemeanor or short felony sentences of up to 12 months, and people already sentenced to prison who have not yet been moved to a state facility. Deputies from the same office guard the courtrooms on St. Paul's Boulevard and serve criminal warrants and subpoenas.
The jail line, (757) 664-4700, is answered 24 hours a day. Callers can find out whether someone has been booked, which charges are listed and what bond was set. The Sheriff's Office also offers an inmate lookup tool, and its administrative offices at 538 Front Street handle records and correspondence.
Until recently, some Norfolk prisoners were housed at a regional jail in Portsmouth that served Norfolk, Chesapeake, Hampton, Newport News and Portsmouth. The authority that ran it voted in October 2023 to close, and inmates were sent back to their home jurisdictions, so Norfolk's pretrial population is now in the city jail. A Norfolk resident arrested on charges from a neighboring city, such as Virginia Beach, will be held by that city instead.
5. Getting a public defender in Norfolk City
Norfolk City has a dedicated public defender office operated by the Virginia Indigent Defense Commission. It is located at 125 St. Paul's Boulevard, Suite 600, Norfolk, VA 23510, and can be reached at (757) 314-2380. Assistant public defenders appear daily in the General District Court, the JDR court and the Circuit Court, representing adults and juveniles who qualify.
How to qualify
The court compares the defendant's household income and assets to state eligibility guidelines, based on a sworn financial statement. That form can be completed when the magistrate sets release, at the first court appearance, or at the General District Court criminal clerk's office, (757) 664-4915.
If the Norfolk Public Defender has a conflict
If the office has a conflict of interest, for example because it represents a co-defendant, the judge appoints a private attorney from the list of lawyers certified for court appointments. The defendant does not choose which lawyer is appointed.
Cost
There is no charge to start, but a defendant who is convicted may have the appointed lawyer's fee added to the court costs. Appointed counsel is offered only when the charge could lead to jail time.
For someone sitting in the Norfolk City Jail, one of the first things a newly appointed public defender often does is ask a judge for a bond review.
6. How the Norfolk prosecutor's office works, including diversion
The Commonwealth's Attorney for Norfolk City is elected by city voters and leads a staff of assistant prosecutors at 800 East City Hall Avenue, Suite 600 ((757) 664-4444). Prosecutors review police charges, decide what to amend or dismiss, negotiate pleas, take felony cases to the grand jury and try cases before judges and juries. In some routine traffic matters the officer who wrote the ticket presents the evidence alone.
Support for victims
Victims and witnesses can contact the office's Victim/Witness Assistance Program at (757) 664-4848 for court-date notices, help with protective orders and restitution, and preparation for testimony, all rights guaranteed by Virginia's Crime Victim and Witness Rights Act. The office also helps lead the Norfolk Family Justice Center, a one-stop location for survivors of domestic violence, sexual assault and related abuse.
Alternatives to a conviction
Virginia law gives judges several first-offender options, and Norfolk prosecutors and defense lawyers use them regularly:
- a deferred disposition for first-time possession of a controlled substance, which leads to dismissal after probation, treatment and testing;
- a deferred finding for a first assault on a family member in the JDR court, conditioned on counseling and good behavior;
- deferral of certain petit larceny and minor property charges in exchange for restitution, classes or community service.
Any other agreement, such as reducing a charge or dismissing it after community service, depends on negotiations in the individual case, which is a reason to have a lawyer. Being held in jail does not prevent those talks, and the defense can still seek a bond modification while they continue.
7. Treatment dockets in the Norfolk Circuit Court
For some adults charged with felonies, the Norfolk Circuit Court offers a supervised treatment track in place of a conventional sentence. Three such dockets operate, and the court's specialty dockets coordinator can be reached at (757) 823-1276.
Drug treatment court
Norfolk's adult drug court was approved in 1998, making it one of Virginia's longest-running. Participants attend treatment, test frequently, appear before the judge on a regular schedule and earn incentives or sanctions depending on progress, with a lighter outcome at the end for those who finish.
Behavioral health docket
This docket, held on Tuesday afternoons, is for defendants with a documented serious mental illness who have pleaded guilty to qualifying nonviolent offenses. The judge works with prosecutors, defense lawyers, probation officers, the Sheriff's Office and the Norfolk Community Services Board to keep each participant in treatment, and graduation leads to unsupervised probation.
Veterans treatment docket
Veterans whose offenses are connected to service-related trauma, mental health conditions or addiction can be considered for this docket, which combines court supervision with veteran mentoring and Veterans Affairs services.
All three are voluntary and selective. The defense lawyer usually starts the referral, the Commonwealth's Attorney must consent, and screening rules out many violent charges. Participation commonly runs a year or longer. Because eligibility is often settled before any plea, a defendant who is still in the Norfolk City Jail or out on bail should ask about these dockets early.
8. Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
What the penalties are
Virginia sorts misdemeanors into four classes. A Class 1 offense, the most serious, can bring as much as 12 months in jail plus a fine of up to $2,500; petit larceny of property under $1,000, simple assault and battery, trespassing and a first DUI are all Class 1. A Class 2 offense allows up to six months behind bars and a $1,000 fine. Classes 3 and 4 involve fines alone, capped at $500 and $250.
What happens at arrest
For many misdemeanors in Norfolk City, the officer issues a summons or the magistrate grants release on a personal recognizance bond, and the defendant leaves with a court date. A person kept at the Norfolk City Jail sees a General District Court judge, usually on video, the next day the court is open.
Special rules for a first DUI
- Minimum fine of $250.
- Seven-day administrative license suspension starting at arrest.
- License revocation for one year after conviction, with a restricted license and an ignition interlock possible.
- Required participation in the Virginia Alcohol Safety Action Program (VASAP).
- Mandatory jail of five days if the blood alcohol level was 0.15 to 0.20, and ten days if it topped 0.20.
Domestic assault
When the person allegedly assaulted is a family or household member, the case is heard by the Norfolk Juvenile and Domestic Relations District Court. An emergency protective order is commonly issued at arrest. A first-time defendant may qualify for a deferred disposition that ends in dismissal after counseling, though repeat convictions escalate, and a third can be prosecuted as a felony.
How cases end and how long they take
A General District Court judge, sitting without a jury, may dismiss the charge, defer it under a first-offender provision, impose a fine, or give a jail sentence that is partly or wholly suspended on conditions such as local probation through Norfolk Criminal Justice Services. A defendant unhappy with the result has 10 days to appeal to the Norfolk Circuit Court, where the case is heard anew and can empanel a seven-person jury. Expect one to three months in district court, plus extra time if the case is appealed. The public defender represents many misdemeanor defendants when jail is a possibility.
9. Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Step 1: arrest and release decision
After booking at the Sheriff's intake area, a magistrate decides whether a felony defendant can be released and on what terms. Secured bonds and denials of release are more common than in misdemeanor cases, and a defendant who stays in the Norfolk City Jail can ask a General District Court judge to revisit the decision after the first appearance.
Step 2: the preliminary hearing
In the General District Court (or the JDR court if the complaining witness is a family member), a judge hears enough evidence to decide whether probable cause exists. A finding of probable cause sends the case to the Norfolk Circuit Court grand jury; otherwise the charge is dismissed, though prosecutors may still go to the grand jury. The Commonwealth may bypass this hearing altogether with a direct indictment.
Step 3: indictment and arraignment
Once indicted, the defendant is arraigned in the Circuit Court, enters a plea and chooses trial by judge or by a jury of 12, whose verdict must be unanimous.
Step 4: plea or trial, then sentencing
A negotiated plea is how most Norfolk felony cases conclude. Since mid-2021, a judge rather than a jury fixes the sentence unless the defendant elects jury sentencing. The judge looks at Virginia's discretionary sentencing guidelines. Parole was abolished for felonies committed on or after January 1, 1995, but inmates can earn sentence credits that shorten their time; terms beyond 12 months are served in state prison under the Department of Corrections.
Typical penalties
- Grand larceny, which covers stealing anything worth at least $1,000: up to 20 years in prison (minimum one year), or a jail term of up to 12 months.
- Burglary: entering a home at night to commit a crime is a Class 3 felony (5 to 20 years), rising to Class 2 when the burglar is armed; other statutory burglaries are capped at 20 years.
- Possessing a Schedule I or II drug, including cocaine, heroin and fentanyl: Class 5 felony, punishable by 1 to 10 years or by jail of up to a year.
- Distribution or possession with intent to distribute: 5 to 40 years on a first conviction, with mandatory minimums when the quantities are large. Up to an ounce of marijuana is legal for adults 21 and over, but selling it is still a crime.
- Malicious wounding: in the City of Norfolk this Class 3 felony means 5 to 20 years. Unlawful wounding: Class 6 felony, carrying one to five years in prison or a jail sentence of a year or less.
How long it takes
Virginia's speedy trial law requires trial within five months of the probable cause finding for a jailed defendant and nine months for one who is free, with exceptions such as continuances requested by the defense. Most Norfolk felonies take four to twelve months to resolve. Appointed representation comes from the Norfolk Public Defender Office at (757) 314-2380 unless it has a conflict.
10. Violent felony (for example, murder, rape, robbery)
Penalties under Virginia law
- Aggravated murder (Virginia's current name for what used to be capital murder): a Class 1 felony punished by life in prison, since Virginia ended capital punishment in 2021.
- First-degree murder: a Class 2 felony with a range of 20 years to life.
- Second-degree murder: from 5 up to 40 years.
- Rape: from 5 years up to life.
- Robbery: from 5 years up to life.
- Aggravated malicious wounding: the City of Norfolk sees this charged as a Class 2 felony, and the sentence runs from 20 years up to life.
Custody while the case is pending
People charged with these crimes in Norfolk City often leave the magistrate's office without any bail set and remain in the Norfolk City Jail until a judge rules on release at a contested hearing. Judges weigh the strength of the evidence, criminal history, ties to the community and any risk to the victim or witnesses.
The path to trial
Norfolk police detectives investigate, and experienced prosecutors handle the case from the start. The case follows the ordinary felony route through a preliminary hearing (unless the Commonwealth obtains a direct indictment), indictment by the Norfolk Circuit Court grand jury, arraignment and either a plea or a jury trial. If the victim is a family or household member, the preliminary hearing is held in the JDR court. Forensic testing, expert witnesses and pretrial motions lengthen the process, and defense lawyers frequently waive the speedy-trial deadlines to prepare, so one to two years from arrest to verdict is a realistic expectation.
Rights of victims
Virginia's Crime Victim and Witness Rights Act entitles victims to be told about hearings, to be heard at sentencing through a victim impact statement and to request restitution. The Victim/Witness Assistance Program of the Norfolk Commonwealth's Attorney, (757) 664-4848, guides families through the case.
A defendant who cannot pay for a lawyer receives the public defender or, when the office has a conflict, a private attorney certified for serious felonies.
11. Juveniles (under 18) arrested in Norfolk City
Where the case goes
A young person under 18 accused of a crime in Norfolk City is brought before the Norfolk Juvenile and Domestic Relations District Court (150 St. Paul's Boulevard, 5th Floor; (757) 664-7340), not the adult courts. The Norfolk Commonwealth's Attorney prosecutes, and the youth has a right to a lawyer; the Norfolk Public Defender Office at (757) 314-2380 represents many juveniles.
The intake officer's decision
Complaints first reach the 4th District Court Service Unit on the 2nd floor of the same building, (757) 664-7601. An intake officer there chooses among three paths: diverting the case informally (with steps such as counseling, apology, restitution or community service), filing a petition so the case goes before a judge, or, for serious or repeated offenses, authorizing secure detention. The same unit later supervises youths on probation or parole.
Detention and the 72-hour hearing
Juveniles who are detained are taken to the Norfolk Juvenile Detention Center at 1260 Security Lane, Norfolk, VA 23502 ((757) 441-5667), run by the city's Department of Human Services and licensed by the Department of Juvenile Justice. A JDR judge must hold a detention hearing within 72 hours; when that deadline falls on a weekend or holiday, the hearing takes place the next day court is in session. The judge can continue detention or release the youth to a parent, sometimes with electronic monitoring or other conditions.
What can happen at the end
- dismissal or a deferred finding;
- probation supervised by the Court Service Unit;
- community programs, counseling, restitution or community service;
- a Department of Juvenile Justice commitment, which can mean time at the Bon Air Juvenile Correctional Center or a community-based placement.
Transfer to adult court
If a child was at least 14 when an alleged serious felony occurred, the Commonwealth's Attorney may ask the JDR court to hold a transfer hearing and send the case to the Norfolk Circuit Court. For a narrow set of the most serious charges, murder and aggravated malicious wounding among them, a 16- or 17-year-old can be certified to the Circuit Court by the Commonwealth's Attorney after a preliminary hearing finds probable cause. A youth convicted as an adult can receive an adult sentence.
Confidentiality
Juvenile records are kept confidential in most situations, with exceptions for certain serious felonies and for older juveniles convicted of specific offenses.
12. Federal cases (U.S. District Court) from Norfolk City
Norfolk City lies within the Eastern District of Virginia, and its federal criminal cases are assigned to the Norfolk Division. That division's courthouse is the Walter E. Hoffman U.S. Courthouse at 600 Granby Street, Norfolk, VA 23510; the criminal section of the clerk's office answers at (757) 222-7202.
What kinds of cases end up there?
- Large-scale drug distribution and conspiracies, often investigated by the DEA, FBI or a joint task force including Norfolk police.
- Gun cases, especially firearm possession by convicted felons and other prohibited people, frequently brought by ATF.
- Bank robberies, child exploitation cases and fraud schemes, including benefits, mortgage, health care and online fraud.
- Crimes on military property. Naval Station Norfolk is inside the city, and other Hampton Roads bases, such as Joint Expeditionary Base Little Creek–Fort Story, are close by. Naval Criminal Investigative Service agents investigate many of these cases, and service members may face court-martial instead.
Lesser violations on federal installations, such as base traffic tickets or a first DUI at a gate, go to a petty-offense docket before a U.S. magistrate judge in the Granby Street courthouse; courtroom staff for that docket can be reached at (757) 222-7222.
Who prosecutes and who defends?
The U.S. Attorney's Office for the Eastern District of Virginia has a Norfolk branch at 101 West Main Street, Suite 8000, Norfolk, VA 23510, (757) 441-6331. Defendants who cannot pay for counsel are represented by the Federal Public Defender's Norfolk office at 500 East Main Street ((757) 457-0800) or, if that office has a conflict, by a private lawyer appointed under the Criminal Justice Act.
How does a federal case move?
- Initial appearance before a U.S. magistrate judge, generally on the next court day.
- Detention hearing, ordinarily within three court days of a government request. Federal courts do not post a bail schedule; under the Bail Reform Act, the magistrate judge decides between release on conditions, monitored by U.S. Pretrial Services in Norfolk ((757) 222-7400), and detention.
- Indictment: a case begun by criminal complaint must be presented to a grand jury and indicted within 30 days.
- Speedy trial: the Speedy Trial Act's 70-day limit governs, with excludable delays. The Eastern District's nickname, the "rocket docket," reflects how quickly it keeps cases moving, so continuances are harder to get here than in many districts.
- Plea or trial: the large majority plead guilty; a trial is decided by 12 jurors who must all agree.
- Sentencing: U.S. Probation writes a presentence report, and the judge applies the advisory Sentencing Guidelines and any mandatory minimum term, commonly 5 or 10 years for serious drug and gun offenses.
- Custody: federal sentences carry no parole. Prisoners usually serve around 85 percent of the term in the Bureau of Prisons after good-conduct credit, then begin supervised release.
- Appeal: to the Fourth Circuit Court of Appeals, which sits in Richmond.
How do I find someone in federal custody?
Use the Federal Bureau of Prisons inmate locator, which searches by name or by register number. Before trial, a federal defendant may be housed at a local or regional jail through an agreement with the U.S. Marshals Service, in which case the person may also be listed on that jail's own inmate roster. Federal charges against people under 18 are unusual, and Norfolk City's juvenile cases almost always stay in state court.
This page offers a general overview of criminal procedure in the courts of Norfolk City, Virginia; it is not legal advice and does not replace a lawyer's guidance. Offices move, programs change and phone numbers are reassigned, so check with the clerk of the court on your summons or warrant, for example the Norfolk General District Court criminal clerk at (757) 664-4915. People who cannot afford a lawyer can request one from the judge or contact the Norfolk Public Defender Office at (757) 314-2380.
Criminal Court Process for Norfolk city, Norfolk Virginia
Norfolk city, Norfolk 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.