Southampton County Jail Criminal Court Process
Criminal Court Process for Southampton County Virginia
Southampton County is a large, mostly agricultural county along the North Carolina border, and its county seat, the town of Courtland, holds the courthouse on Main Street. Criminal matters start in the Southampton General and Juvenile and Domestic Relations District Combined Courts and, for felonies and appeals, continue in the Southampton Circuit Court, a 5th Judicial Circuit court that also serves the neighboring City of Franklin. One elected Commonwealth's Attorney and one elected Sheriff serve Southampton County and Franklin together. Unlike its Western Tidewater neighbors, the county keeps its own lockup: adults held after arrest generally stay at the Southampton County Jail in Courtland, run by the Sheriff.
- Southampton Circuit Court and Circuit Court Clerk, 22350 Main Street (P.O. Box 190), Courtland, VA 23837, (757) 653-2200
- Southampton General and Juvenile and Domestic Relations District Combined Courts (criminal, traffic and juvenile), 22350 Main Street (P.O. Box 347), Courtland, VA 23837, (757) 653-2673
- 5th District Magistrate's Office, 2402 Godwin Boulevard, Suffolk, VA 23434, (757) 514-4301 (24 hours; usually by video for Southampton arrests)
- 5th District Court Service Unit (juvenile intake), main office 150 North Main Street, 2nd Floor, Suffolk, VA 23434, (757) 514-4311
- Commonwealth's Attorney for Southampton County and the City of Franklin, Courtland, VA 23837; Victim/Witness Program (757) 653-2460
- Smithfield Public Defender Office (Virginia Indigent Defense Commission; serves Southampton, Isle of Wight and Franklin), 203 Wimbledon Lane, Suite C, Smithfield, VA 23430, (757) 562-0665
- Southampton County Sheriff's Office (also serves the City of Franklin), 22336 Main Street (P.O. Box 70), Courtland, VA 23837, (757) 653-2100
- Courtland Police Department, 22219 Meherrin Road, Courtland, VA 23837, (757) 653-2222
- Boykins Police Department, 18206 Virginia Avenue, Boykins, VA 23827, (757) 654-6361
- Newsoms Police Department, 29056 Everett Street, Newsoms, VA 23874, (757) 654-6731
- Southampton County Jail, operated by the Sheriff, 22336 Main Street (P.O. Box 70), Courtland, VA 23837, (757) 653-2100
Which court hears your case. The district court in Courtland is combined, meaning one clerk's office runs both dockets. Its general district side tries misdemeanors and traffic offenses, such as a first DUI on Route 58 or a petit larceny, before a judge alone; after a conviction, the defendant has 10 days to appeal to the Southampton Circuit Court for a brand-new trial, where a jury is an option. Its juvenile and domestic relations side handles charges against people under 18 and assaults or other crimes between family or household members. Felonies are given a preliminary hearing in the combined district court (on the JDR side if a family member is the alleged victim), go to the grand jury, and are tried in the Southampton Circuit Court.
Where pretrial inmates are held. Southampton County is not a member of the Western Tidewater Regional Jail; that authority belongs to Suffolk, Isle of Wight County and the City of Franklin. Instead, the Southampton County Sheriff runs the county's own jail in Courtland, listed by the state Board of Local and Regional Jails, and deputies there can confirm custody, visiting rules and how to post a bond at (757) 653-2100. Deerfield Correctional Center near Capron is a state prison for people already sentenced, not a place where arrested people are held before trial.
- Courts in Southampton 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 Southampton County
- Federal cases (U.S. District Court) from Southampton County
Courts in Southampton County (circuit, general district, and juvenile and domestic relations courts)
The Circuit Court and the combined district court both sit at 22350 Main Street in Courtland, with the Sheriff's Office and jail next door. Southampton's six incorporated towns elect councils and some hire police, yet none holds court, since Virginia law creates no municipal, town or mayor's courts. As a result, charges from the towns of Boykins, Branchville, Capron, Courtland, Ivor and Newsoms, along with Sedley, Drewryville, Sebrell and the rest of the countryside, all go to the Southampton combined district court. Felony and appeal cases from the City of Franklin also come to the Southampton Circuit Court, since the two localities share it.
Circuit Court
- Southampton Circuit Court (felonies, grand jury, appeals; serves Southampton County and the City of Franklin), 22350 Main Street, P.O. Box 190, Courtland, VA 23837; Clerk (757) 653-2200; clerk's office 8:00 a.m. to 4:30 p.m.
District court
- Southampton General and Juvenile and Domestic Relations District Combined Courts, 22350 Main Street, P.O. Box 347, Courtland, VA 23837, (757) 653-2673; clerk's office 8:30 a.m. to 4:30 p.m. Misdemeanors, traffic, felony preliminary hearings, juvenile and family-offense cases.
Magistrate, intake and prosecution
- 5th District Magistrate's Office, 2402 Godwin Boulevard, Suffolk, VA 23434, (757) 514-4301; magistrates are on duty at all hours and usually see Southampton arrestees over a video link
- 5th District Court Service Unit, which serves Southampton along with Suffolk, Franklin and Isle of Wight; main office (757) 514-4311
- Commonwealth's Attorney for Southampton County and the City of Franklin, Courtland, VA 23837; Victim/Witness Program (757) 653-2460
Law enforcement
- Southampton County Sheriff's Office, 22336 Main Street, Courtland, VA 23837, (757) 653-2100. The county has no police department of its own, so deputies patrol the county, run the jail and secure the courthouse. The same Sheriff also serves the City of Franklin.
- Courtland Police Department, 22219 Meherrin Road, Courtland, VA 23837, (757) 653-2222
- Boykins Police Department, 18206 Virginia Avenue, Boykins, VA 23827, (757) 654-6361
- Newsoms Police Department, 29056 Everett Street, Newsoms, VA 23874, (757) 654-6731
- The towns of Branchville, Capron and Ivor are generally patrolled by the Sheriff's Office, and the Virginia State Police cover U.S. 58 and U.S. 258.
Courtland has no public defender office of its own; appointed cases from the county go to the Virginia Indigent Defense Commission's Smithfield Public Defender Office in Isle of Wight County, (757) 562-0665. To have a lawyer appointed, a defendant tells the magistrate or the judge at the first hearing and completes the financial statement form, which the combined district court clerk at (757) 653-2673 can provide; a private lawyer from the court's list is assigned when the office cannot take the case. The district court judge is also the person to ask about changing a magistrate's bail terms.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Traffic and alcohol offenses on U.S. 58, U.S. 258 and the long two-lane state roads make up a large part of Southampton's district court docket, alongside petty thefts, hunting-season trespass complaints and assaults. Many minor charges begin with a summons that lets the person go home and come to court later.
Arrest, magistrate, release
When a deputy or town officer makes an arrest, the person is usually brought to the Southampton County Jail in Courtland and put before a 5th District magistrate by video. If the magistrate finds probable cause, a warrant is issued and release terms are set. Options are a recognizance release on a written promise, an unsecured bond that is collected only if the person misses court, or a secured bond paid in cash or through a licensed bail bondsman. The magistrate may also order no contact with an alleged victim or other conditions. Anyone unable to satisfy those terms is booked in and kept in Courtland.
The first court appearance
Defendants who remain in custody see the combined district court judge on the next day the court sits, often by video from the jail. At this advisement the judge explains the charge, asks whether the defendant has hired or wants an appointed lawyer, and can hear a bond motion. Those already released come to court on the date set in their paperwork.
Penalties
- Class 1: up to 12 months in jail and up to a $2,500 fine. Petit larceny (under $1,000), assault and battery, and trespass are Class 1 misdemeanors.
- Class 2: up to 6 months in jail and a fine of up to $1,000 in Southampton County. Class 3: fine only, up to $500. Class 4: fine only, up to $250.
- First DUI is a Class 1 misdemeanor. The minimum fine is $250. If the blood alcohol content was 0.15 to 0.20, 5 days of jail are mandatory, and above 0.20, 10 days. The driver's license is revoked for one year, with a restricted license and ignition interlock often available, and VASAP is required. The license is also administratively suspended for 7 days starting at arrest.
Assaults inside a family or household go on the JDR docket of the combined court. A first offender may be offered a deferred disposition: if counseling and other conditions are met, the charge is dismissed. Repeat matters, though: by the third conviction for assaulting a family member, Southampton prosecutors can charge the offense as a felony.
Outcomes and timeline
There are no juries in district court; the judge decides. Typical outcomes are dismissal, a plea agreement, a deferred finding, a fine, a suspended sentence with probation, or jail time served in the county jail. A defendant may appeal to the Southampton Circuit Court within 10 days and get a new trial. Expect one to three months for most cases, longer with an appeal. The Smithfield Public Defender Office can be appointed when jail is possible and the defendant qualifies.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Theft of farm equipment and other property worth $1,000 or more, break-ins at homes and outbuildings, drug charges and serious assaults are among the felonies most often brought in Southampton County. All of them pass through the same courthouse on Main Street in Courtland, starting in district court and ending in Circuit Court.
Bond and detention
The magistrate weighs the charge, the defendant's history, ties to the community and danger to others in deciding between recognizance, an unsecured or secured bond, or no release. A defendant held in the Southampton County Jail can ask the district court judge to review those terms, and can appeal a denial to the Southampton Circuit Court.
Preliminary hearing and grand jury
At a preliminary hearing in the combined district court, the Commonwealth calls a deputy, investigator or witness to establish probable cause, and the defense may cross-examine. A judge who finds probable cause certifies the case to the Southampton Circuit Court grand jury. If the judge finds none, the charge is dismissed, although the prosecutor can still seek an indictment. Some cases skip this hearing and go straight to the grand jury by direct indictment. The defendant is arraigned in Circuit Court after indictment.
Penalties for common felonies
- Grand larceny ($1,000 or more): a conviction in Southampton County brings 1 to 20 years in prison or, alternatively, up to 12 months in jail.
- Burglary: breaking into a dwelling at night is Class 3 (5 to 20 years) or Class 2 if armed; other statutory burglaries carry up to 20 years.
- Possession of a Schedule I or II drug: Class 5, 1 to 10 years. Distribution or possession with intent: a first offense prosecuted in Southampton County carries 5 to 40 years, and large quantities trigger mandatory minimums. Adults 21 and over may possess up to one ounce of marijuana, but distribution remains a crime.
- Malicious wounding is a Class 3 felony with 5 to 20 years in Southampton County; unlawful wounding, a Class 6 felony, brings 1 to 5 years or up to 12 months in jail.
Plea, trial and sentencing
The majority of Southampton felony cases end in a plea agreement. At trial the defendant may choose a judge or a jury of 12 citizens of the county, whose verdict must be unanimous. Since July 2021, the judge decides the sentence unless the defendant asks the jury to; Virginia's sentencing guidelines are advisory. Prison sentences of more than 12 months are served in the Department of Corrections. For felonies committed after 1994 there is no parole, though earned sentence credits may lower the time served. A jailed defendant normally must be tried within five months of the preliminary hearing's probable cause ruling, nine months if out on release, with exceptions for continuances and other delays. Most cases take four months to a year. A qualifying defendant is represented by the Smithfield Public Defender Office or an appointed lawyer throughout.
Violent felony (for example, murder, rape, robbery)
Violent crimes in Southampton are investigated by the Sheriff's Office, or by the town police in Courtland, Boykins and Newsoms, with frequent help from the Virginia State Police. The Commonwealth's Attorney prosecutes these cases in the Southampton Circuit Court.
Pretrial custody
A magistrate sets the first terms of release. Virginia ended the statutory presumption against bail for violent felonies in 2021, but magistrates and judges must still weigh the danger to the victim and the public. Many defendants charged with murder, rape or robbery remain in the Southampton County Jail until trial. A bond hearing in the district court, and an appeal to the Circuit Court if needed, are the ways to seek release.
Sentences
- Aggravated murder, formerly called capital murder: Class 1 felony, life imprisonment. Virginia has had no death penalty since 2021.
- First-degree murder: Class 2, punished in Southampton County by 20 years to life. Second-degree murder: 5 to 40 years.
- Rape and robbery: 5 years to life each.
- Aggravated malicious wounding: a Class 2 felony carrying 20 years to life in Southampton Circuit Court.
Timeline and victim services
Expect these cases to take one to two years, mainly because of forensic testing, expert witnesses and motions. Trials in Courtland can be heard by a judge or a 12-member jury. Victims and their families can contact the Victim/Witness Program at (757) 653-2460 for notice of court dates, help with impact statements and restitution, and information about the Crime Victim and Witness Rights Act. Defendants who cannot afford counsel are assigned the public defender or a private lawyer qualified for serious felony appointments.
Juveniles (under 18) arrested in Southampton County
Offenses by Southampton youths under 18 are handled on the juvenile side of the Southampton General and Juvenile and Domestic Relations District Combined Courts in Courtland, (757) 653-2673. The case begins with the 5th District Court Service Unit, the Department of Juvenile Justice office that covers Southampton, Franklin, Isle of Wight and Suffolk; its main number is (757) 514-4311.
Intake and the detention hearing
An intake officer reviews each complaint and may resolve it through diversion, file a petition for court, or authorize detention when the offense is serious or the youth may flee or endanger others. Under agreements reached in 2023, after Chesapeake's juvenile facility stopped accepting outside youths, Southampton and its partner localities send detained juveniles to the Merrimac Juvenile Detention Center, 9300 Merrimac Trail, Williamsburg, (757) 887-0225, and have additional beds at the James River Juvenile Detention Center in Goochland County. A JDR judge must hold a detention hearing within 72 hours, normally the next day court sits, to decide whether the youth can return home under conditions.
In court
The Commonwealth's Attorney prosecutes, and the juvenile is entitled to a lawyer, appointed when the family qualifies. A judge, not a jury, hears the case. Many Southampton juvenile cases close with a dismissal or diversion; others end with CSU probation, an order to repay losses, service hours, or a treatment requirement. When delinquency is grave or keeps recurring, the judge has the option of a Department of Juvenile Justice commitment, carried out at Bon Air Juvenile Correctional Center or a community-based program.
Adult prosecution
Youths 14 and older charged with certain serious felonies can face a transfer hearing, after which the judge may send the case to the Southampton Circuit Court for trial as an adult. A narrower rule covers 16- and 17-year-olds accused of crimes like murder or aggravated malicious wounding, where, once a preliminary hearing produces a probable cause finding, the prosecutor may be able to certify the youth for Circuit Court trial without the judge's transfer decision. In most other cases, juvenile records remain confidential.
Federal cases (U.S. District Court) from Southampton County
Southampton County is in the Eastern District of Virginia, Norfolk Division, so federal cases from the county are filed in Norfolk at 600 Granby Street; the clerk can be reached at (757) 222-7202. With no military base or major federal property in the county, federal charges here usually stem from the offense itself: interstate drug trafficking along the Route 58 corridor, firearms possessed by people the law bars from having them, bank robbery, child exploitation and fraud.
Federal prosecutors in the U.S. Attorney's Office at 101 West Main Street, Suite 8000, Norfolk, (757) 441-6331, decide which cases to bring, often working with the Sheriff's Office and federal agencies. Defendants who cannot pay a lawyer receive the Federal Public Defender's Norfolk office, (757) 457-0800, or an attorney from the Criminal Justice Act panel.
The federal process
- A Southampton County defendant arrested on federal charges first appears before a federal magistrate judge in Norfolk. If the government seeks detention, that hearing usually follows within three court days.
- Posting bail money is almost never how a federal defendant gets out. The Bail Reform Act asks whether conditions such as reporting to a Pretrial Services officer, travel limits or home detention can manage the risks; if none can, the defendant stays in custody.
- Prosecutors who start with a complaint have 30 days to obtain an indictment. Seventy days is the Speedy Trial Act's benchmark for starting trial, and judges in this district, whose fast pace earned it the "rocket docket" label, rarely let deadlines slide.
- Most federal cases end in guilty pleas; jury trials require a unanimous 12-member jury. A federal judge in Norfolk sentences only after reading the probation office's presentence report, treating the Guidelines as advice but any mandatory minimum as a floor.
- Federal prisoners are not eligible for parole and typically serve about 85 percent of the sentence in the Bureau of Prisons before supervised release. Appeals go to the Fourth Circuit.
Families in Courtland or Ivor do not need to call around to learn where a sentenced relative is serving federal time; the Federal Bureau of Prisons inmate locator answers that from a name or register number. Before trial, a federal defendant may be held in a local jail under a U.S. Marshals contract and would also appear on that facility's inmate roster. Juveniles are rarely charged federally; almost all youth cases stay in the Southampton JDR court.
This guide gives a general overview of how criminal cases move through the courts serving Southampton County, Virginia; it is not legal advice, and procedures and phone numbers can change. For advice about a specific case, contact a Virginia defense attorney, or ask for appointed counsel through the Smithfield Public Defender Office at (757) 562-0665 or the Southampton combined district court clerk at (757) 653-2673.
Criminal Court Process for Southampton County Virginia
Southampton 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.
