Tazewell County sits along the West Virginia line in the coalfields of Southwest Virginia, and its county seat and courthouse are in the town of Tazewell. Criminal charges are heard in three courts that share the Court Street complex: the Tazewell General District Court, the Tazewell Juvenile and Domestic Relations District Court and the Tazewell Circuit Court, all part of the 29th Judicial Circuit with Buchanan, Dickenson and Russell counties. The county's own elected Commonwealth's Attorney prosecutes. Adults who are not released after arrest are held by the Southwest Virginia Regional Jail Authority, usually at its Southwest Virginia Regional Jail - Tazewell Facility on Court Street.

• Tazewell Circuit Court (felonies, jury trials, misdemeanor appeals), 135 Court Street, Suite 202, Tazewell, VA 24651; Circuit Court Clerk (276) 385-1200
• Tazewell General District Court (criminal and traffic cases, preliminary hearings), 135 Court Street, Suite 300, Tazewell, VA 24651, (276) 385-1563
• Tazewell Juvenile and Domestic Relations District Court, 135 Court Street (mail: P.O. Box 613), Tazewell, VA 24651, (276) 385-1290
• Magistrate, Tazewell office, 115 Court Street, Tazewell, VA 24651, (276) 988-4430
• Tazewell County Commonwealth's Attorney, P.O. Box 946, Tazewell, VA 24651, (276) 385-1240
• Tazewell County Sheriff's Office, 140 School Street, Suite 3, Tazewell, VA 24651; administration (276) 988-5970; non-emergency dispatch (276) 988-0902
• Southwest Virginia Regional Jail - Tazewell Facility, 115 Court Street, Tazewell, VA 24651, (276) 582-0650
• Court-appointed counsel: no public defender office serves Tazewell County, so a private lawyer is appointed from the court's list; ask the General District Court clerk at (276) 385-1563.

Which court hears your case. Misdemeanors and traffic charges are tried before a judge alone in the Tazewell General District Court; a person convicted there has 10 days to appeal to the Tazewell Circuit Court, where the case starts over and a jury can be requested. Assault and other offenses against a family or household member, along with any charge involving a juvenile, belong to the Tazewell Juvenile and Domestic Relations District Court. Felonies begin with a preliminary hearing in the General District Court (or in the JDR court when the alleged victim is a relative or household member) and move to the Tazewell Circuit Court once a grand jury returns an indictment.

Where pretrial inmates are held. Tazewell County does not run a jail of its own; the Southwest Virginia Regional Jail Authority operates jails for eleven Southwest Virginia localities, among them Tazewell, Buchanan, Dickenson, Russell, Lee, Scott, Smyth, Washington and Wise counties and the cities of Bristol and Norton. Its Southwest Virginia Regional Jail - Tazewell Facility stands at 115 Court Street, next to the courthouse, and is where most Tazewell County arrestees are booked. The authority can move people among its four sites (Tazewell, Abingdon, Duffield and Haysi), so call the jail at (276) 582-0650 or the Sheriff at (276) 988-5970 to confirm a location and ask how bond can be posted.

Virginia has no municipal, town or mayor's courts, so every criminal charge in the county lands in one of the three state courts on Court Street. Charges filed by officers in the towns of Tazewell, Bluefield, Richlands, Cedar Bluff and Pocahontas go to the Tazewell General District Court, or to the JDR court when a juvenile or a family member is involved, exactly as Sheriff's Office cases do.

State courts and court offices

• Tazewell Circuit Court and Circuit Court Clerk's Office, 135 Court Street, Suite 202, Tazewell, VA 24651, (276) 385-1200; clerk's office open 8:00 a.m. to 4:00 p.m.
• Tazewell General District Court (criminal, traffic and civil), 135 Court Street, Suite 300, Tazewell, VA 24651, (276) 385-1563; 8:30 a.m. to 4:30 p.m.
• Tazewell Juvenile and Domestic Relations District Court, 135 Court Street, P.O. Box 613, Tazewell, VA 24651, (276) 385-1290
• Magistrate, Tazewell office (arrest warrants and bail decisions), 115 Court Street, Tazewell, VA 24651, (276) 988-4430
• 29th District Court Service Unit (juvenile intake and probation), 140 School Street, Box 7, Tazewell, VA 24651, (276) 385-1255

Prosecution and defense

• Tazewell County Commonwealth's Attorney, P.O. Box 946, Tazewell, VA 24651, (276) 385-1240; the office runs a Victim/Witness Assistance Program
• Appointed lawyers: the 29th Circuit has no trial-level public defender office, so judges appoint private attorneys from the court's list; financial eligibility forms are at the General District Court clerk's office, (276) 385-1563

Law enforcement

• Tazewell County Sheriff's Office, 140 School Street, Suite 3, Tazewell, VA 24651, (276) 988-5970; non-emergency (276) 988-0902
• Tazewell Police Department (town), 140 Hillsboro Drive, North Tazewell, VA 24630, (276) 988-2503
• Bluefield Police Department (town), 112 Huffard Drive, Bluefield, VA 24605, (276) 326-2621
• Richlands Police Department (town), 1851 Cranwell Drive, Richlands, VA 24641, (276) 964-2560
• Cedar Bluff Police Department (town), 115 Central Avenue, Cedar Bluff, VA 24609, (276) 963-3975
• Pocahontas Police Department (town), 101 W. Water Street, Pocahontas, VA 24635; after hours, calls go through county dispatch at (276) 988-0902

The magistrate's office on Court Street, across from the jail, is where an arrested person is first taken to have a charge issued and release terms set; magistrates in the region often handle these hearings by video. A person held in the Southwest Virginia Regional Jail - Tazewell Facility who wants a lawyer appointed can say so to the magistrate, or to the district court judge at the first appearance.

Misdemeanor arrests in Tazewell County come from the Sheriff's Office, the five town police departments and Virginia State Police troopers working U.S. 19, U.S. 460 and the county's other highways. Many minor charges are handled by summons, a written order to appear in court, with no trip to jail at all.

Booking, the magistrate and release

Someone taken into custody is brought before a magistrate, who issues the warrant and decides on bail. The options are release on recognizance (a promise to return), an unsecured bond that is owed only if the person misses court, or a secured bond paid in cash or posted through a licensed bail bondsman, who keeps a nonrefundable fee. The magistrate weighs whether the person is likely to show up and whether release would endanger anyone, and can add conditions such as no contact with an alleged victim. A person kept at the Southwest Virginia Regional Jail - Tazewell Facility can ask a district court judge for a bond hearing, and a refusal there can be appealed to the Circuit Court.

First appearance and counsel

On the next day the court sits, a jailed defendant is advised of the charge in the General District Court (or the JDR court for a family-assault charge), usually by video from the jail. The judge asks about a lawyer. Because a Class 1 misdemeanor can bring jail time, a defendant who cannot afford counsel may ask for a court-appointed attorney and fill out the financial statement; the clerk's number is (276) 385-1563. A trial date follows, often several weeks out.

What the listed charges carry

• Petit larceny (taking goods or money valued under $1,000) is a Class 1 misdemeanor, punishable by as much as 12 months in jail plus a fine as high as $2,500.
• First DUI: Class 1 misdemeanor with a mandatory minimum fine of $250, a one-year license revocation (a restricted license with an ignition interlock may be allowed), and enrollment in the Virginia Alcohol Safety Action Program (VASAP). A blood alcohol level of 0.15 to 0.20 brings a mandatory 5 days in jail, and above 0.20 a mandatory 10 days. A Tazewell DUI arrest also starts a 7-day administrative license suspension on the spot.
• Assault and battery: Class 1 misdemeanor. When the person struck is a relative or household member, the case goes to the Tazewell JDR court, where a first offender may receive a deferred disposition; a Tazewell defendant with two earlier family-assault convictions can face a felony on the third.
• Trespass: Class 1 misdemeanor.

Lesser classes exist too: a Class 2 misdemeanor carries up to 6 months and a $1,000 fine, a Class 3 a fine of up to $500, and a Class 4 a fine of up to $250.

How these cases end

No jury sits in the Tazewell General District Court, so the judge alone decides guilt. Results range from dismissal, to a deferred disposition for first offenders that can end in dismissal after a probation period, to fines, a suspended sentence with probation, or active jail time. A typical Tazewell misdemeanor is closed out within one to three months. A defendant who files an appeal with the Tazewell Circuit Court inside the 10-day window gets a brand-new trial there, and a jury can be seated. Down the road, some Tazewell charges and convictions may qualify for sealing under Virginia's record-sealing law.

Prescription opioids, methamphetamine and fentanyl drive a large share of the felony docket in Tazewell County, along with property crimes and burglaries. Every felony starts in a district court and finishes in the Tazewell Circuit Court.

Arrest and the bond decision

The magistrate sets the terms of release, and for a felony the decision on bond weighs the seriousness of the charge, any record and the risk of flight. Virginia's 2021 changes removed the old presumption against bail for certain offenses, so each case is judged on its facts. People who cannot post bond stay at the Southwest Virginia Regional Jail - Tazewell Facility and can ask the General District Court for a bond hearing. A defendant who cannot pay for a lawyer should ask for one right away; the court will appoint a private attorney from its list, and the fee may later be assessed as court costs if there is a conviction.

Preliminary hearing and grand jury

In the Tazewell General District Court (or the JDR court when a family member is the alleged victim), a judge holds a preliminary hearing to decide whether there is probable cause. A probable cause finding sends the charge on to the next Tazewell Circuit Court grand jury. The Commonwealth's Attorney may also skip that hearing and go straight to the grand jury for a direct indictment. Once indicted, the defendant is arraigned in the Tazewell Circuit Court.

Plea, trial and sentence

Most felony cases are settled with a plea agreement. A defendant who goes to trial chooses between a judge and a jury of 12, whose verdict must be unanimous; under the rule in place since July 2021, the Tazewell judge, not the jury, fixes the sentence unless the defendant requests jury sentencing. The judge looks at Virginia's voluntary sentencing guidelines. Under the speedy-trial statute, a jailed defendant generally must be tried within 5 months of the probable cause finding, and one on release within 9 months, subject to exceptions. Most felonies take 4 to 12 months.

Penalties for the listed charges

• Burglary: a nighttime break-in of a home is a Class 3 felony carrying 5 to 20 years, rising to Class 2 when the intruder carried a deadly weapon, and most other statutory burglary counts allow as much as 20 years.
• Grand larceny ($1,000 or more): a Tazewell County judge or jury may impose 1 to 20 years in prison, or as little as a jail term of up to 12 months.
• Possession of a Schedule I or II drug (such as fentanyl, heroin, methamphetamine or cocaine): a Class 5 felony; the range runs from 1 to 10 years in prison, or the court may choose a jail term of 12 months or less.
• Distribution or possession with intent to distribute: a first conviction carries 5 to 40 years, and larger amounts trigger mandatory minimum terms. Up to an ounce of marijuana is legal for adults 21 and over, though sales are still prosecuted.
• Malicious wounding: a Class 3 felony with 5 to 20 years; the lesser charge of unlawful wounding is Class 6, with 1 to 5 years or a jail sentence capped at 12 months.

Parole is not part of a Tazewell felony sentence for any crime committed since January 1, 1995, although earned sentence credits can reduce the time actually served. Anyone sentenced in Tazewell to more than 12 months serves that time in the Virginia Department of Corrections, and a felony conviction can be appealed to the Court of Appeals of Virginia.

Violent felony cases follow the same route as other felonies, but they move more slowly, attract closer attention to release, and carry the longest prison terms in Virginia law.

Custody and release

On a murder, rape or robbery charge, the magistrate or judge gives special weight to the danger to the public and to witnesses, and many defendants are held without bail or on a high secured bond. Detained defendants usually stay at the Southwest Virginia Regional Jail - Tazewell Facility while the case is pending, though the authority can transfer people among its sites. Defense counsel can seek review in the General District Court and appeal to the Circuit Court.

Defense lawyers

Tazewell County has no public defender office; a defendant who qualifies receives an appointed private lawyer from the court's list, and the most serious homicide cases can draw on the state's regional capital defender office. Ask the magistrate or the judge at the first appearance, or call the district court clerk at (276) 385-1563.

Penalties

• Aggravated murder (formerly capital murder): a Class 1 felony that carries life imprisonment for a Tazewell County conviction. Virginia ended the death penalty in 2021.
• First-degree murder: in Tazewell Circuit Court, a Class 2 felony with 20 years to life. Second-degree murder: 5 to 40 years.
• Rape: 5 years to life.
• Robbery: 5 years to life.
• Aggravated malicious wounding: likewise a Class 2 felony, bringing 20 years to life in Tazewell County.

Court process and timeline

After a preliminary hearing (or a direct indictment) the case goes to the grand jury and then to the Tazewell Circuit Court, where expert testimony, forensic testing and motions can stretch the case to a year or two. Trial before a jury of 12 requires a unanimous verdict, and the judge sentences unless the defendant elected jury sentencing. Crime victims have rights under Virginia's Crime Victim and Witness Rights Act, including notice of hearings and the chance to give a victim impact statement; the Commonwealth's Attorney's Victim/Witness Assistance Program, reached through (276) 385-1240, helps them through the process.

A charge against anyone younger than 18 is filed in the Tazewell Juvenile and Domestic Relations District Court, 135 Court Street, (276) 385-1290.

Intake

The front door is the 29th District Court Service Unit, which has its main office at 140 School Street in Tazewell, (276) 385-1255, and also covers Buchanan, Dickenson and Russell counties. An intake officer reviews each complaint and decides whether to file a petition, divert a first or minor offense to an informal program, or ask for the youth to be detained. Petitions that move ahead in Tazewell are prosecuted by the county's Commonwealth's Attorney.

Detention

A youth who is locked up must have a detention hearing before a JDR judge within 72 hours, and usually on the next day the court sits. Detained youth from the 29th District are typically taken to a regional facility such as the Highlands Juvenile Detention Center, 1080 Transit Way, Bristol, VA 24201, (276) 466-7800. Juveniles are not housed at the adult regional jail. The CSU also works with the Appalachian Juvenile Commission on electronic monitoring and outreach detention as alternatives to a locked facility.

Possible outcomes

The judge can dismiss the petition, approve diversion, order probation supervised by the CSU, or require community service, counseling or other local programs. For serious or repeated offenses, the court can commit the youth to the Department of Juvenile Justice, which places committed youth at Bon Air Juvenile Correctional Center or in a community placement. A child facing a delinquency charge that could mean confinement has a right to a lawyer, and one can be appointed if the family cannot pay.

Trial as an adult

For a youth 14 or older accused of certain serious felonies, the Commonwealth's Attorney can ask for a transfer hearing, after which the JDR judge may send the case to the Tazewell Circuit Court. For the gravest charges, such as murder or aggravated malicious wounding, a 16- or 17-year-old may be certified to the Circuit Court by the Commonwealth's Attorney following a preliminary hearing. In most other juvenile cases the court records stay confidential.

Federal charges from Tazewell County belong to the U.S. District Court for the Western District of Virginia, Abingdon Division, at 180 W. Main Street, Room 104, Abingdon, VA 24210; the clerk's office number is (276) 628-5116.

When a case becomes federal

Federal prosecutors in Southwest Virginia have long focused on opioid and methamphetamine trafficking, including pill-distribution cases, and many Tazewell County drug investigations are joint efforts with federal agents. Other common federal cases are firearm possession by convicted felons or other barred people, bank robbery, child exploitation, and fraud, including fraud against federal benefit programs. Willful violations of federal mine safety law can also lead to federal charges. Parts of the Jefferson National Forest lie in the county, and crimes on that land can go to federal court, with minor violations heard by a U.S. magistrate judge.

Prosecutors and defenders

• U.S. Attorney's Office, Abingdon, 180 W. Main Street, Suite B19, Abingdon, VA 24210, (276) 628-4161
• Federal Public Defender, Abingdon office, 201 Abingdon Place, Abingdon, VA 24211, (276) 619-6080; when that office has a conflict, a private Criminal Justice Act panel lawyer is appointed

Steps in a federal case

A defendant arrested federally in Tazewell County goes before a federal magistrate judge for an initial appearance on the charges and the appointment of counsel. Commercial bail bonds play no part in a Tazewell County defendant's federal case. Under the Bail Reform Act, the Abingdon magistrate judge either releases the defendant on conditions monitored by U.S. Pretrial Services or orders detention, and if the government seeks detention a hearing is normally held within three court days. A case started with a criminal complaint requires an indictment within 30 days, and the Speedy Trial Act sets a 70-day clock for trial, which judges often extend in complex cases.

Most defendants plead guilty. A Tazewell County defendant who refuses a plea is tried in Abingdon before 12 jurors, and their verdict has to be unanimous. A probation officer writes a presentence report, and the judge considers the advisory Sentencing Guidelines along with any mandatory minimum sentence. There is no federal parole, so prisoners serve roughly 85 percent of their term in the Bureau of Prisons, followed by a period of supervised release. Appeals go to the U.S. Court of Appeals for the Fourth Circuit. Federal charges against juveniles are uncommon.

Locating a federal prisoner

Families of a Tazewell County defendant in federal custody can use the Federal Bureau of Prisons inmate locator, entering either a name or a BOP register number. Before trial, a federal defendant held under a U.S. Marshals contract may sit in a local or regional jail, such as the Southwest Virginia Regional Jail - Tazewell Facility, and can then also show up on that jail's inmate roster.