Sussex County Jail Criminal Court Process
Criminal Court Process for Sussex County Virginia
Sussex County is a rural Southside county crossed by Interstate 95 and U.S. 460, with its courthouse in the village of Sussex. Its criminal courts are the Sussex General and Juvenile and Domestic Relations District Combined Courts and the Sussex Circuit Court, both on Courthouse Road and both in the 6th Judicial Circuit. Cases are brought by the elected Sussex County Commonwealth's Attorney. Unlike most of its neighbors, Sussex still keeps a local jail run by the Sheriff, the Sussex County Jail on Thornton Square.
- Sussex Circuit Court, 15088 Courthouse Road (Route 735), P.O. Box 1337, Sussex, VA 23884; Circuit Court Clerk (434) 246-1012
- Sussex General and Juvenile and Domestic Relations District Combined Courts, 15098 Courthouse Road (Route 735), P.O. Box 1315, Sussex, VA 23884, (434) 246-1096
- Magistrate, Sussex office (video only), at the Sussex County Jail, 20212 Thornton Square, Sussex, VA 23884, (434) 246-5000
- Sussex County Commonwealth's Attorney, 20209 Thornton Square (P.O. Box 1347), Sussex, VA 23884, (434) 246-2630
- Sussex County Sheriff's Office, 20212 Thornton Square, P.O. Box 1326, Sussex, VA 23884, (434) 246-5000
- 6th District Court Service Unit (juvenile intake), 100 East Broadway, Suite G05, Hopewell, VA 23860, (804) 541-2265
- Sussex County Jail, 20212 Thornton Square, Sussex, VA 23884; custody calls go to the Sheriff's Office, (434) 246-5000
- Appointed counsel: Sussex County has no public defender office; the court assigns private attorneys. Combined court clerk: (434) 246-1096
Which court hears your case. The general district side of the Sussex General and Juvenile and Domestic Relations District Combined Courts decides misdemeanors and traffic cases, always without a jury; a defendant unhappy with the outcome may appeal within 10 days to the Sussex Circuit Court and start over there, with the option of a jury. Charges of assault or another crime against a family or household member, along with every case involving a juvenile, are heard on the combined court's juvenile and domestic relations side. A felony charge gets its preliminary hearing in the combined court (the JDR side if the alleged victim is a relative or household member) before moving up to the Sussex Circuit Court after a grand jury returns an indictment.
Where pretrial inmates are held. Adults who are not released by the magistrate are booked into the Sheriff-operated jail at 20212 Thornton Square in Sussex, a short distance from the courthouse, which also houses the video magistrate station. The jail holds people arrested by the Sheriff's Office, the State Police and the town police in Waverly, Wakefield and Jarratt. Because the Sheriff's Office runs the jail, its main number, (434) 246-5000, is the place to ask whether someone is in custody and how to post bail.
- Courts in Sussex 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 Sussex County
- Federal cases (U.S. District Court) from Sussex County
Courts in Sussex County (circuit, general district, and juvenile and domestic relations courts)
Towns in Virginia never run their own courts, so there is no municipal or mayor's court to look for. Charges from the towns of Waverly, Wakefield and Stony Creek, and from the Sussex County part of Jarratt, all go to the Sussex County courts on Courthouse Road.
Where the courts sit
- Sussex General and Juvenile and Domestic Relations District Combined Courts, 15098 Courthouse Road (Route 735), P.O. Box 1315, Sussex, VA 23884, (434) 246-1096. Clerk's office hours are 8:00 a.m. to 4:00 p.m. on weekdays. This court handles traffic, misdemeanors, felony preliminary hearings, and all juvenile and family matters, using a single phone line for both sides.
- Sussex Circuit Court, 15088 Courthouse Road (Route 735), P.O. Box 1337, Sussex, VA 23884. The clerk's office, (434) 246-1012, is open 9:00 a.m. to 5:00 p.m. and keeps the felony files, grand jury records and appeal papers.
After-hours and juvenile offices
- Magistrate, Sussex office, c/o Sussex County Jail, 20212 Thornton Square, Sussex, VA 23884, (434) 246-5000. Magistrates appear here by video around the clock to issue warrants and decide release.
- 6th District Court Service Unit, Hopewell Courts Facility, 100 East Broadway, Suite G05, Hopewell, VA 23860, (804) 541-2265, the juvenile intake office for Sussex County.
Prosecution, police and defense
- Sussex County Commonwealth's Attorney, 20209 Thornton Square, (434) 246-2630. The county also has a Victim Witness Program that works with the prosecutor's office.
- Sussex County Sheriff's Office, 20212 Thornton Square, P.O. Box 1326, Sussex, VA 23884, (434) 246-5000, which patrols the county and runs the jail.
- Town police: Waverly and Wakefield each have a town police department, and Jarratt, which straddles the Greensville County line, has a small force of its own. Their arrests in Sussex County are booked at the county jail and filed in the courts above; for help reaching an officer, start with the Sheriff's Office number.
- Court-appointed lawyers: no Virginia Indigent Defense Commission office covers Sussex, so judges appoint private attorneys. Ask for one at the first hearing, or get the financial eligibility form from the combined court clerk at (434) 246-1096.
Sussex is also home to two large state prisons, Sussex I and Sussex II, near Waverly. A new crime alleged inside either prison is generally prosecuted by the Sussex County Commonwealth's Attorney in these same courts.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Interstate 95 brings a steady stream of traffic and DUI cases into the Sussex combined court, alongside the shoplifting, trespass and fight charges found in any county.
Release decisions
Officers take an arrested adult to the Sussex County Jail, where a magistrate appears on the video screen. Three outcomes are possible: release on the person's own recognizance, release on an unsecured bond that costs nothing unless a court date is missed, or a secured bond paid in cash or posted by a bondsman licensed by the Department of Criminal Justice Services. The magistrate may add conditions, such as staying away from the alleged victim. If the person cannot be released, a judge of the combined court can reconsider the terms at a bond hearing, and the Sussex Circuit Court can review that ruling.
In court
Someone held in jail is normally brought before the judge for arraignment the next day court is in session. The judge confirms the charge, asks about a lawyer, and appoints private counsel for a defendant who qualifies financially and faces a possible jail sentence. Fees for appointed counsel can be added to court costs if the case ends in a conviction. Most Sussex misdemeanor cases are resolved within one to three months.
What the charges carry
- Petit larceny (under $1,000), trespass and assault and battery are Class 1 misdemeanors: up to a year in jail, up to a $2,500 fine, or both. For comparison, a Class 2 misdemeanor is capped at 6 months and $1,000, while Class 3 and Class 4 offenses bring only fines of up to $500 or $250.
- Assault on a family or household member is heard on the JDR side. First offenders are sometimes allowed a deferred disposition that ends in dismissal, and a third conviction for family assault can be prosecuted as a felony.
- A first DUI is a Class 1 misdemeanor with a mandatory fine of at least $250. A blood alcohol content from 0.15 to 0.20 adds a mandatory 5 days in jail, and anything higher adds 10 days. Expect a 7-day administrative license suspension at arrest, a one-year revocation upon conviction (often with a restricted license tied to an ignition interlock), and the VASAP alcohol program.
Possible outcomes and appeal
A case can be dismissed, taken under advisement as a deferred disposition, or end in a fine, probation with a suspended sentence, or time in the Sussex County Jail. A defendant convicted in the combined court has 10 days to note an appeal to the Sussex Circuit Court for a completely new trial. Virginia's record-sealing law may later allow some charges or convictions to be sealed.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
A Sussex County felony begins in the combined court and ends, if it is not dismissed, in the Sussex Circuit Court.
Early stage
The magistrate sets terms of release after considering whether the accused might flee or pose a danger; the 2021 legislation erased the rule that once presumed certain defendants should be denied bail. People who remain in custody stay at the Sussex County Jail, and they can ask the combined court for a bond hearing. At the first appearance the judge reads the charge and decides whether to appoint a lawyer.
Getting to Circuit Court
The preliminary hearing in the combined court tests whether the Commonwealth has probable cause. When the judge finds it, the charge is certified to the grand jury; the Commonwealth's Attorney may instead take a case directly to the grand jury for an indictment. Once indicted, the defendant is arraigned in the Sussex Circuit Court.
Resolution
Negotiated pleas resolve the large majority of Sussex felony cases. A defendant who goes to trial can choose a judge or a jury of 12, and a jury verdict must be unanimous. The judge imposes the sentence, using the voluntary sentencing guidelines, unless the defendant has asked for the jury to sentence. Under Code §19.2-243, a jailed defendant generally must be tried within 5 months after probable cause is found, and a released defendant within 9 months, although delays the defense requests or agrees to do not count.
Typical penalty ranges
- Burglary of a home at night is a Class 3 felony, 5 to 20 years, rising to Class 2 if the defendant carried a deadly weapon; the remaining statutory burglary offenses top out at 20 years.
- Grand larceny, theft of $1,000 or more, can bring anywhere from 1 to 20 years in prison, though the court may instead impose jail of up to 12 months.
- Possession of a Schedule I or II drug, such as cocaine, heroin or fentanyl, is a Class 5 felony; distribution or possession with intent to distribute carries 5 to 40 years for a first offense, with mandatory minimum terms for large amounts. Marijuana possession of up to an ounce is legal for adults 21 or older, but sales remain illegal.
- Malicious wounding carries 5 to 20 years as a Class 3 felony. Without malice, the charge is unlawful wounding, a Class 6 felony with a range of 1 to 5 years in prison or a year or less in jail.
Virginia abolished parole for felonies committed on or after January 1, 1995; inmates can earn sentence credits that reduce their time. A sentence longer than 12 months is served in a Department of Corrections prison. Expect four to twelve months from arrest to the end of a typical Sussex felony.
Violent felony (for example, murder, rape, robbery)
Violent felony charges in Sussex County follow the felony route above, but release is far less likely: a judge who finds that a defendant is dangerous can deny bond entirely, which means waiting for trial in the Sussex County Jail. Investigations often involve the Virginia State Police, and cases arising inside the Sussex state prisons also involve Department of Corrections investigators.
- Aggravated murder, which replaced capital murder when Virginia ended the death penalty in 2021, is a Class 1 felony carrying life imprisonment.
- Murder in the first degree (Class 2) brings 20 years to life, and second-degree murder brings 5 to 40 years.
- Robbery has a range of 5 years to life, and so does rape.
- Aggravated malicious wounding, which involves permanent and significant injury, is a Class 2 felony.
These prosecutions commonly take one to two years because of forensic testing, expert witnesses and pretrial motions. An appointed defense lawyer must be certified by the Indigent Defense Commission for the seriousness of the charge. Victims have rights under the Crime Victim and Witness Rights Act to be informed about the case, to attend proceedings and to address the court at sentencing, and the county's Victim Witness Program helps them use those rights. Convictions can be appealed to the Court of Appeals of Virginia and, after that, to the Supreme Court of Virginia.
Juveniles (under 18) arrested in Sussex County
Children and teenagers charged in Sussex County are dealt with by the juvenile and domestic relations side of the Sussex General and Juvenile and Domestic Relations District Combined Courts, 15098 Courthouse Road.
The intake decision
A police complaint against a minor goes first to the 6th District Court Service Unit, the Department of Juvenile Justice office for Sussex and six neighboring localities, reachable at (804) 541-2265. The intake officer has three main choices: handle a minor matter through diversion without a court case, file a petition with the court, or approve secure detention for a youth who poses a serious risk. Petitions are prosecuted by the Sussex County Commonwealth's Attorney.
Detention and the first hearing
Sussex County is a member of the Crater Youth Care Commission, so a detained youth is taken to the Crater Juvenile Detention Center at 6102 County Drive, Disputanta, VA 23842, (804) 732-3803. The law requires a detention hearing within 72 hours, and it is normally held on the court's next working day. A lawyer is appointed for the child unless the family hires one.
How juvenile cases end
- Many cases close with diversion, probation, community service, restitution or counseling.
- A judge may commit a youth to the Department of Juvenile Justice for serious offenses; commitment can mean Bon Air Juvenile Correctional Center or a community placement program.
- Transfer to adult court is possible when a child 14 or older is charged with certain serious felonies and the judge orders transfer after a hearing. For the most serious offenses, such as murder or aggravated malicious wounding, a 16- or 17-year-old can generally be certified to the Sussex Circuit Court by the Commonwealth's Attorney after a preliminary hearing.
In most cases juvenile records and court files are confidential. The combined court clerk, (434) 246-1096, can answer scheduling questions.
Federal cases (U.S. District Court) from Sussex County
Federal prosecutions from Sussex County are handled by the Eastern District of Virginia, Richmond Division, whose courthouse is at 701 East Broad Street in Richmond.
- Clerk's Office, U.S. District Court, Richmond Division, Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse, 701 East Broad Street, Richmond, VA 23219, (804) 916-2220
- U.S. Attorney's Office for the Eastern District of Virginia, Richmond office, 919 East Main Street, Suite 1900, Richmond, VA 23219, (804) 819-5400
- Office of the Federal Public Defender, Richmond, 701 East Broad Street, Richmond, VA 23219; Criminal Justice Act panel attorneys handle cases the office cannot take
Typical federal charges
Interstate 95 and U.S. 460 make Sussex a corridor county, so many federal cases grow out of highway stops that turn up large amounts of drugs, guns or cash. Other common federal charges are illegal gun possession by convicted felons, bank robbery, fraud and identity theft, and child exploitation offenses. Sussex I and Sussex II are state prisons, so crimes there usually stay in state court; federal jurisdiction would come from the type of offense, not the location.
Steps in a federal case
- Initial appearance before a U.S. magistrate judge in Richmond, where the charges are explained and counsel is appointed for anyone who cannot afford it.
- Detention hearing, usually within three court days if the government asks for one. The Bail Reform Act lets the judge release the defendant on conditions monitored by Pretrial Services or order detention until trial.
- Indictment by a grand jury within 30 days of arrest on a complaint, and trial within 70 days under the Speedy Trial Act. The Eastern District's "rocket docket" reputation means these deadlines are taken seriously.
- Plea or trial: most cases end in a plea, and a trial jury of 12 must reach a unanimous verdict.
- Sentencing: a probation officer prepares a presentence report, and the judge then applies the advisory Guidelines and whatever mandatory minimum the statute requires. Federal parole no longer exists, so about 85 percent of a prison term is served in the Bureau of Prisons before supervised release begins. Appeals are heard by the Fourth Circuit.
Finding someone in federal custody
The Federal Bureau of Prisons inmate locator lets families search for a sentenced or designated federal prisoner using a name or a register number. A federal defendant still awaiting trial might be housed at a local or regional jail under contract with the U.S. Marshals and listed on that facility's roster. Juveniles are almost never charged in federal court.
This guide summarizes how criminal cases generally move through the Sussex County courts; nothing here is legal advice, and Sussex court calendars or custody arrangements can shift over time. A person charged with a crime should talk with a defense attorney. Sussex has no public defender office, so a defendant who needs a court-appointed lawyer should ask the magistrate or judge, or contact the combined court clerk at (434) 246-1096. Questions about someone in custody go to the Sussex County Sheriff's Office at (434) 246-5000.
Criminal Court Process for Sussex County Virginia
Sussex 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.
