Central Virginia Regional Jail Criminal Court Process
Criminal Court Process for Orange County Virginia
Orange County, in Virginia's Piedmont between the Rapidan River and the Southwest Mountains, is governed from the Town of Orange, its county seat. One court building at 110 North Madison Road in the town houses all three courts that hear local criminal cases: the Orange General District Court, the Orange Juvenile and Domestic Relations District Court and the Orange County Circuit Court, which belongs to the 16th Judicial Circuit. The Orange County Commonwealth's Attorney handles prosecutions. Adults held after arrest stay close to home: the Central Virginia Regional Jail, which Orange shares with four neighboring counties, sits on James Madison Highway just south of town.
- Orange County Circuit Court and Circuit Court Clerk, 110 North Madison Road, Suite 300 (P.O. Box 230), Orange, VA 22960, (540) 672-6162
- Orange General District Court (criminal and traffic cases), 110 North Madison Road, Suite 100, Orange, VA 22960, (540) 672-6164
- Orange Juvenile and Domestic Relations District Court, 110 North Madison Road, Suite 200 (P.O. Box 821), Orange, VA 22960, (540) 661-5320
- Magistrate, 16th Judicial District, Orange office, 13021 James Madison Highway, Orange, VA 22960, (540) 672-1087
- 16th District Court Service Unit (juvenile intake), Orange branch; district office 401-407 East High Street, Charlottesville, VA 22902, (434) 979-7191
- Orange County Commonwealth's Attorney, Orange, VA 22960; victims and witnesses can reach the county Victim/Witness Program, 11282 Government Center Drive, Orange, VA 22960, at (540) 672-6380
- Court-appointed counsel: Orange County has no public defender office; judges appoint private attorneys. Ask the magistrate or judge, or call the General District Court clerk, (540) 672-6164
- Orange County Sheriff's Office, 11282 Government Center Drive, Orange, VA 22960, (540) 672-1200
- Orange Police Department (Town of Orange), 249 Blue Ridge Drive, Orange, VA 22960, (540) 672-1491
- Gordonsville Police Department (Town of Gordonsville), 112 South Main Street, Gordonsville, VA 22942, (540) 832-2234
- Central Virginia Regional Jail, 13021 James Madison Highway, Orange, VA 22960, (540) 672-3222
Which court hears your case. All three courts are under one roof on North Madison Road, but each takes a different kind of case. Misdemeanors and traffic offenses, such as a petit larceny at a store on Madison Road or a DUI arrest on Route 20, are heard in the Orange General District Court by a judge sitting without a jury; a conviction there can be appealed within 10 days to the Orange County Circuit Court, which tries the case again and offers a jury. Charges against children under 18, and assaults or other crimes against a family or household member, go to the Orange Juvenile and Domestic Relations District Court. A felony begins with a preliminary hearing in the General District Court (or the juvenile court when a family member is the alleged victim) and, after a grand jury indictment, is tried in the Orange County Circuit Court.
Where pretrial inmates are held. Orange County does not operate a separate county jail. It belongs to the regional jail authority that runs the Central Virginia Regional Jail at 13021 James Madison Highway (U.S. Route 15) south of the Town of Orange, along with Louisa, Fluvanna, Greene and Madison counties. The 16th District's Orange magistrate office uses the same address, so a person arrested in Orange County may see the magistrate at the jail itself and, if not released, booked into the jail. For information about someone in custody, call the jail at (540) 672-3222; the Orange County Sheriff's Office, (540) 672-1200, can answer questions about warrants and posting bond.
- Courts in Orange County (circuit, general district, and juvenile and domestic relations courts)
- Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
- Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
- Violent felony (for example, murder, rape, robbery)
- Juveniles (under 18) arrested in Orange County
- Federal cases (U.S. District Court) from Orange County
Courts in Orange County (circuit, general district, and juvenile and domestic relations courts)
Orange County has two incorporated towns, Orange and Gordonsville, each with its own police department. Virginia does not allow municipal, town or mayor's courts, however, so cases from both towns are heard in the county courts on North Madison Road, exactly like cases from Locust Grove, Lake of the Woods, Unionville, Rhoadesville or Barboursville.
The courts at 110 North Madison Road
- Orange County Circuit Court (felony trials, grand jury, jury trials, misdemeanor appeals), Suite 300; Clerk (540) 672-6162
- Orange General District Court (misdemeanors, traffic, felony preliminary hearings, release hearings), Suite 100, (540) 672-6164
- Orange Juvenile and Domestic Relations District Court (juvenile cases, family-member assaults, protective orders), Suite 200, (540) 661-5320
Each court has its own clerk's office on its own floor, so check the suite number on the summons. District judges of the 16th District come to Orange on scheduled docket days.
Magistrate, prosecution and defense
- Magistrate, 13021 James Madison Highway, Orange, VA 22960, (540) 672-1087, located at the regional jail. When no magistrate is on duty in Orange, the hearing is done by video with another 16th District office.
- Orange County Commonwealth's Attorney, Orange, VA 22960; victims and witnesses can reach the county Victim/Witness Program, 11282 Government Center Drive, Orange, VA 22960, at (540) 672-6380
- Court-appointed counsel: the Virginia Indigent Defense Commission does not run a public defender office for Orange County, so the court appoints private lawyers who are certified for indigent cases. The General District Court clerk at (540) 672-6164 has the financial statement form.
Law enforcement and juvenile intake
- Orange County Sheriff's Office, 11282 Government Center Drive, Orange, VA 22960, (540) 672-1200
- Orange Police Department, 249 Blue Ridge Drive, Orange, VA 22960, (540) 672-1491
- Gordonsville Police Department, 112 South Main Street, Gordonsville, VA 22942, (540) 832-2234
- 16th District Court Service Unit, Orange branch; district office (434) 979-7191
If you are released on bail in Orange County and cannot make a court date, contact the clerk before the hearing. Simply failing to appear usually results in a capias for arrest and may bring an additional charge.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
An Orange County misdemeanor may begin with either a summons or an arrest. With a summons, the officer lists the charge and a General District Court date, and the person signs and leaves. An arrest, which is the usual approach for DUI and domestic assault, leads to the magistrate's office at the regional jail on James Madison Highway.
The magistrate and release terms
The magistrate reviews the facts, issues the charging document if probable cause exists, and chooses among a personal recognizance, an unsecured bond (no money paid up front), or a secured bond posted with cash or through a licensed bail bondsman. The magistrate weighs whether the person might flee or endanger anyone, and in domestic cases commonly orders no contact with the complaining witness. A person who cannot meet the terms is booked into the Central Virginia Regional Jail, a few steps away, and can ask a General District Court or juvenile court judge for a bond hearing at the next session.
Arraignment and representation
At the first appearance the judge explains the charge and its maximum punishment and asks whether the defendant has a lawyer. If the defendant might be jailed and cannot afford counsel, the judge can appoint a private attorney after reviewing a sworn financial statement. A defendant who is convicted may be charged for the appointed lawyer's services as part of court costs.
Trial, results and appeals
No juries sit in the General District Court; the judge decides each case. Many Orange County cases resolve by agreement before trial. A case may end in dismissal, a deferred disposition for a first offender who completes required conditions, a fine, a suspended sentence with probation, or jail. A defendant convicted in district court may appeal within 10 days and have the case retried in the Orange County Circuit Court, where a seven-member jury may be requested.
Typical misdemeanor penalties
- Petit larceny, theft of something worth under $1,000, is a Class 1 misdemeanor in Orange as everywhere in Virginia, punishable by as much as a year in jail plus a fine of as much as $2,500.
- DUI, first offense: Class 1 misdemeanor. A seven-day administrative suspension takes effect at arrest. Conviction means a fine of at least $250, a one-year revocation (a restricted license with an ignition interlock may be allowed), and the Virginia Alcohol Safety Action Program (VASAP). A blood alcohol concentration of 0.15 to 0.20 requires at least five days in jail; above 0.20, at least ten.
- Assault and battery: Class 1 misdemeanor. If the person allegedly assaulted is a family or household member, the case is heard by the juvenile and domestic relations court, where first offenders may be eligible for a deferred disposition; a third family-assault offense may be brought as a felony in Orange.
- Trespass: ordinarily Class 1. For reference, Class 2 misdemeanors carry up to six months in jail and a $1,000 fine, and Class 3 and Class 4 misdemeanors are punishable only by fines of up to $500 and $250.
Most Orange County misdemeanors are resolved within one to three months, though an appeal to the Circuit Court extends the timeline.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Felonies in Orange County move upstairs as they progress: from the General District Court in Suite 100 to the Circuit Court in Suite 300 of the same building. The Orange County Commonwealth's Attorney prosecutes from arrest through sentencing.
- Magistrate and custody. The magistrate sets release terms. Because Virginia's 2021 law ended the presumption against bail for certain offenses, the decision depends on flight risk and danger. A defendant held at the Central Virginia Regional Jail may ask a district judge for reconsideration, and appeal that ruling to the Circuit Court.
- Advisement. On the next day the court sits, the judge explains the felony charge to the defendant and appoints a private lawyer if the defendant cannot afford one.
- Preliminary hearing. A district judge decides whether the evidence shows probable cause. Evidence that meets that standard sends the case to the next grand jury. The Commonwealth's Attorney may also bypass the preliminary hearing by taking the case straight to the grand jury.
- Indictment and arraignment. After indictment, the defendant is arraigned in the Orange County Circuit Court and enters a plea.
- Plea or trial. Most felony cases end with a plea agreement. A jury of 12 must reach a unanimous verdict, and since July 2021 the judge imposes the sentence unless the defendant requests jury sentencing. Virginia's sentencing guidelines recommend a range but do not bind the judge.
Under Code § 19.2-243, a defendant who is held in custody generally must be tried within five months after the probable cause finding, or nine months if released, with exceptions for defense-requested continuances and some other delays.
Punishments for common felonies
- Grand larceny, which begins at $1,000 in stolen value, carries one to twenty years in prison, or the court can impose 12 months or less in jail.
- Burglary: breaking into a residence at night is a Class 3 felony with 5 to 20 years; if the burglar was armed, it is a Class 2 felony. Breaking into other kinds of buildings, such as a barn or a store, is statutory burglary with a maximum of 20 years.
- Drug crimes: possession of a Schedule I or II drug is a Class 5 felony (1 to 10 years, or up to a year in jail). A first conviction for distribution or possession with intent to distribute carries 5 to 40 years, with mandatory minimums for large amounts. Adults 21 and older can legally possess up to one ounce of marijuana, but selling it remains a crime.
- Malicious wounding: a Class 3 felony, which in Orange County Circuit Court means 5 to 20 years. Unlawful wounding, a Class 6 felony, can mean one to five years in prison or a year or less behind bars locally.
Virginia abolished parole for felonies committed after January 1, 1995, although earned sentence credits may reduce time served. Sentences over a year are served in the Department of Corrections. An Orange County felony typically takes four to twelve months. Some records may later qualify for sealing under Virginia's record-sealing law.
Violent felony (for example, murder, rape, robbery)
Murders, rapes and robberies in Orange County are investigated by the Sheriff's Office or, inside the towns, by the Orange or Gordonsville police, often with support from the Virginia State Police. Pretrial release on these charges is far from routine. The magistrate and judges focus on danger to the victim and the community, and a defendant denied bond waits in the Central Virginia Regional Jail; defense counsel can ask the court to reconsider.
Penalties under Virginia law
- Aggravated murder, formerly capital murder, is a Class 1 felony. With the death penalty abolished in 2021, the punishment is life in prison.
- First-degree murder: Orange County Circuit Court treats it as Class 2, with a sentence of 20 years to life. Second-degree murder: 5 to 40 years.
- Rape: a conviction in Orange County Circuit Court carries 5 years to life, and the person must then register as a sex offender.
- Robbery: 5 years to life.
- Aggravated malicious wounding: a Class 2 felony; an Orange County conviction brings 20 years to life.
How these cases proceed
The procedure is the same felony sequence described above, from the General District Court through the grand jury to the Orange County Circuit Court, but these cases usually take one to two years because of forensic testing, expert witnesses and lengthy plea discussions. A defendant who cannot pay for a lawyer receives one who is qualified to defend serious felonies. Under the Crime Victim and Witness Rights Act, victims have the right to be told about hearings and release decisions and to give an impact statement at sentencing; the county Victim/Witness Program at (540) 672-6380 can help them use those rights.
Juveniles (under 18) arrested in Orange County
When a young person under 18 is charged in Orange County, the case goes to the Orange Juvenile and Domestic Relations District Court in Suite 200 at 110 North Madison Road. The 16th District Court Service Unit of the Department of Juvenile Justice, which has an Orange branch and is headquartered in Charlottesville, (434) 979-7191, handles intake.
Intake and detention
The intake officer reviews the complaint and decides whether to file a petition, handle a minor first offense informally through diversion, or approve secure detention when the youth poses a danger or a flight risk. Detained Orange County youths are typically placed in a regional detention home such as the Rappahannock Juvenile Center in Stafford, (540) 658-1691, or the Blue Ridge Juvenile Detention Center in Charlottesville, (434) 951-9340, depending on bed space; the Court Service Unit can say where a particular child has been taken. A detention hearing must be held within 72 hours, on the next day the juvenile court sits. The judge appoints a lawyer when the family cannot afford one, and the Orange County Commonwealth's Attorney prosecutes.
Outcomes
- Diversion by the Court Service Unit, or dismissal.
- Probation with requirements such as counseling, community service, restitution and school attendance; the Orange County Office on Youth, (540) 672-5484, runs community programming used by the juvenile court.
- As a last resort, commitment to the Department of Juvenile Justice, which places committed youths at Bon Air Juvenile Correctional Center or in community settings.
Adult court
A youth who is 14 or older and charged with certain serious felonies can be transferred to the Orange County Circuit Court after a transfer hearing. For the most serious offenses, such as murder or aggravated malicious wounding, the Commonwealth's Attorney may be able to certify a 16- or 17-year-old for trial as an adult after a preliminary hearing finds probable cause. In most cases, juvenile records stay confidential.
Federal cases (U.S. District Court) from Orange County
Orange County's federal criminal cases are handled by the Charlottesville Division of the U.S. District Court for the Western District of Virginia, about 30 miles southwest of the Town of Orange.
- U.S. District Court Clerk's Office, Charlottesville, 255 West Main Street, Room 304, Charlottesville, VA 22902, (434) 296-9284
- Office of the U.S. Attorney, Western District of Virginia, Charlottesville, 255 West Main Street, Room 130, Charlottesville, VA 22902, (434) 293-4283
- Federal Public Defender, Charlottesville office, 401 East Market Street, Suite 106, Charlottesville, VA 22902, (434) 220-3380; Criminal Justice Act panel attorneys take overflow and conflict cases
When a case is federal
Most Orange County arrests stay in the county courts. A case moves to federal court when it breaks federal law and the U.S. Attorney decides to prosecute, as happens with drug trafficking, possession of guns by felons and others barred from having them, bank robbery, online child exploitation and fraud against federal programs. The eastern end of the county includes part of the Wilderness battlefield, within the Fredericksburg and Spotsylvania National Military Park; offenses on park land are federal, with minor violations such as relic hunting handled on a magistrate judge's petty-offense docket.
How federal prosecution works
Someone arrested on a federal charge from Orange County is first brought before a U.S. magistrate judge, who explains the charges and appoints counsel if the defendant cannot afford a lawyer. Federal courts do not use the commercial bail bonds familiar from state court. The Bail Reform Act requires the judge to release the defendant on conditions, monitored by U.S. Pretrial Services, unless no conditions can assure appearance and safety, in which case the judge orders detention; a detention hearing is normally held within three court days of the government's request. A defendant charged by complaint must be indicted within 30 days, and the Speedy Trial Act generally requires trial within 70 days, subject to exclusions. Most federal cases end in guilty pleas, and a trial jury of 12 must be unanimous. A probation officer prepares a presentence report applying the advisory Sentencing Guidelines, and statutory mandatory minimums apply to some offenses. There is no federal parole; prisoners generally serve about 85 percent of their sentences in the Bureau of Prisons and then a term of supervised release. Appeals go to the Fourth Circuit.
Looking up a federal inmate
Families in Orange can check the Federal Bureau of Prisons inmate locator, which takes either a name or a federal register number. Someone held before trial in a local or regional jail under a contract with the U.S. Marshals may also be listed on that jail's inmate roster. Federal prosecution of juveniles is rare.
This guide describes the general course of criminal cases in Orange County, Virginia, and is not legal advice; court procedures, contact details and jail arrangements may change. Talk to a criminal defense attorney about any specific charge. Orange County has no public defender office, so a defendant who cannot afford a lawyer should ask the magistrate or judge for a court-appointed attorney or call the Orange General District Court clerk at (540) 672-6164. For questions about a person in custody, call the Orange County Sheriff's Office at (540) 672-1200.
Criminal Court Process for Orange County Virginia
Orange County Virginia Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the Virginia Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in this Virginia County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Virginia, county, or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in magistrate or Virginia county or city court on a certain date. In cases involving more serious crimes, the person is usually placed in the county or regional jail until an arraignment, or a judge decides the next step.
Booking is when the Virginia sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Virginia, county, or a city or town. The prosecuting attorney for the Virginia county or the district is called the Commonwealth’s Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a magistrate court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the magistrate court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.
Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Virginia county, city or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the city, county or regional jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the county, city, or municipal court sets bail. Judges in Virginia rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays a percentage of the amount to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in Virginia or the jurisdiction. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than Virginia.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in the local jurisdiction, and it must be worth at least the amount of the bond.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
The State of Virginia pays for and maintains public defenders’ offices throughout the state. To locate an indigent defense attorney, click on your region in the map at the following link
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. This website offers help in locating legal aid. This link will take you to Pro Bono contacts in the State of Virginia.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help in Virginia.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There are three U.S. federal district courts in Virginia, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
Virginia Misdemeanor vs Felony
In Virginia, misdemeanors are divided into 4 classes. Examples of misdemeanors are trespassing, simple assault, petty theft and shoplifting.
- Class 1 is the most serious and punishable by up to one year and/or a fine up to $2500.
- Class 2 misdemeanor is punishable by up to 6 months and/or a fine of up to $1000.
- Class 3 misdemeanor holds no jail time and a fine of up to $500.
- Class 4 carries a fine of up to $250.
A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
In Virginia, felonies are divided into 6 classes.
- Class 1 is the most serious and is punishable by life in prison without parole and up to $100,000 fine.
- Class 2 is punishable by 20 years to life in prison and up to $100,000 fine.
- Class 3 is punishable by 5-20 years in prison and up to a $100,000 fine.
- Class 4 is punishable by 2-10 years in prison and up to a $100,000 fine.
- Class 5 is punishable by 1-10 years in prison and/or a fine up to $2500.
- Class 6 felonies are punishable by either 1-5 years in prison or jail up to 12 months and/or a fine of up to $2500.
The Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Virginia county Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Virginia Criminal Court System - How it Works
In Virginia, there are 32 regions called “districts” and within each district, and for criminal matters there is a circuit court, a district court, a juvenile court and a court of appeals. Because there are 95 counties in Virginia, each of the districts has more than one county a defendant might need to be seen in another county where the courthouses are located.
In Virginia, there is also a Supreme Court and Magistrate Courts.
Magistrate courts are the courts where the police are most likely to take the arrested. Magistrate courts operate day and night and handle bail hearings. Magistrate court judges can sign arrest and search warrants, summonses and emergency protective and custody orders.
Virginia General District Courts handle all misdemeanors and offenses that are violations of ordinances, traffic laws and laws of the county or city where the court is located. The general district court also conducts preliminary hearings for felony cases to determine whether the case should proceed to a grand jury hearing in circuit court.
Virginia Circuit Court conducts all jury trials and appeals from district courts. If a case is appealed from the district court, the case is heard as if it was the first time.
Virginia Juvenile District Courts handle juvenile matters for individuals under the age of 18. The following link will take you to the juvenile court website for your county.
Specialty Courts serve people who would benefit from alcohol, drug and other rehabilitative services. The State of Virginia has specialty court programs for behavioral health, drug court and Veterans treatment. Click on the links to find out more about each specialty program:
Behavioral Health
Drug Court
Veterans treatment
The Court of Appeals hears criminal appeal cases primarily from circuit court.
The Virginia Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Virginia State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the district courts of appeal.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Virginia state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There are three U.S. Federal Judicial Districts in Virginia.
