RSW Regional Jail Criminal Court Process
Criminal Court Process for Warren County Virginia
Warren County sits at the northern gate of the Shenandoah Valley, and its only incorporated town, Front Royal, is the county seat. All three courts that hear criminal cases share the Warren County Courthouse at 1 East Main Street in Front Royal: the Warren General District Court, the Warren Juvenile and Domestic Relations District Court, and the Warren Circuit Court, which belongs to Virginia's 26th Judicial Circuit. The county's own elected Commonwealth's Attorney prosecutes, and the Winchester office of the Virginia Indigent Defense Commission supplies public defenders. Adults who are not released after arrest are held at the RSW Regional Jail on Winchester Road north of town, a jail Warren shares with Rappahannock and Shenandoah counties.
- Warren Circuit Court, 1 East Main Street, Front Royal, VA 22630; Clerk (540) 635-2435
- Warren General District Court (criminal and traffic), Courthouse Square, 1 East Main Street, Front Royal, VA 22630, (540) 635-2335
- Warren Juvenile and Domestic Relations District Court, 1 East Main Street, 2nd Floor, Front Royal, VA 22630, (540) 635-4107
- Magistrate, Warren office, 6601 Winchester Road, Suite A, Front Royal, VA 22630, (540) 636-2017
- Warren County Commonwealth's Attorney, 1 East Main Street, Suite 133, Front Royal, VA 22630, (540) 635-5441; Victim/Witness Assistance (540) 635-4864
- Winchester Public Defender Office (serves Warren County), 100 North Loudoun Street, Suite 230, Winchester, VA 22601, (540) 722-3450
- Warren County Sheriff's Office, 200 Skyline Vista Drive, Front Royal, VA 22630; administration (540) 635-7243, dispatch (540) 635-4128
- Front Royal Police Department (town police), Front Royal, VA 22630, (540) 635-2111
- 26th District Court Service Unit (juvenile intake; Warren County branch office), main office 21 South Kent Street, Suite 102, Winchester, VA 22601, (540) 722-7960
- RSW Regional Jail, 6601 Winchester Road, Front Royal, VA 22630, (540) 622-6097
Which court hears your case. A misdemeanor or traffic charge from anywhere in Warren County, Front Royal included, is tried in the Warren General District Court by a judge sitting without a jury; the losing defendant has 10 days to appeal to the Warren Circuit Court, where the case is tried again from the start and a jury can be requested. When the person accused and the alleged victim are family or household members, or when the case involves a juvenile, it goes instead to the Warren Juvenile and Domestic Relations District Court. Felonies open with a preliminary hearing in the General District Court (the JDR court if a family member is the alleged victim) and move up to the Warren Circuit Court once a grand jury returns an indictment.
Where pretrial inmates are held. Warren County no longer keeps people in a courthouse jail. The RSW Regional Jail, run by a jail authority whose name stands for Rappahannock, Shenandoah and Warren, sits on U.S. 340/522 a few miles north of downtown Front Royal, and the Warren magistrate works in the same complex, so a person brought in by a deputy or a Front Royal officer is usually seen by the magistrate and, if not released, booked at once. For custody questions, call the jail at (540) 622-6097 or the Sheriff's Office at (540) 635-7243; the magistrate's office at (540) 636-2017 can explain the bond that was set.
- Courts in Warren 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 Warren County
- Federal cases (U.S. District Court) from Warren County
Courts in Warren County (circuit, general district, and juvenile and domestic relations courts)
Virginia towns do not run courts of their own; there is no municipal, town or mayor's court anywhere in the Commonwealth. Charges written by the Front Royal Police Department inside the town of Front Royal are therefore filed in the Warren County General District Court, exactly like charges brought by sheriff's deputies in Linden, Bentonville, Browntown or the Shenandoah Farms area. The town's police handle arrests within town limits, but the prosecutor, the judges and the jail are the county's.
The courthouse on East Main Street
- Warren General District Court, Courthouse Square, 1 East Main Street, Front Royal, VA 22630, (540) 635-2335. Clerk's office hours are 8:15 a.m. to 4:15 p.m. This court takes misdemeanors, traffic cases, bond hearings and felony preliminary hearings for adults.
- Warren Juvenile and Domestic Relations District Court, 1 East Main Street, 2nd Floor, Front Royal, VA 22630, (540) 635-4107, open 8:00 a.m. to 4:30 p.m. Delinquency petitions, family-member assaults and protective orders are heard here.
- Warren Circuit Court, 1 East Main Street, Front Royal, VA 22630; Clerk of the Circuit Court (540) 635-2435, office open 8:30 a.m. to 4:30 p.m. Grand juries, felony trials and misdemeanor appeals are handled here.
Magistrate and juvenile intake
- Magistrate, Warren office, 6601 Winchester Road, Suite A, Front Royal, VA 22630, (540) 636-2017. Magistrates for the 26th District issue warrants and make the first bail decision at any hour, in person or by video.
- 26th District Court Service Unit: a Warren County branch office handles intake for Front Royal and the county; the main office is at 21 South Kent Street, Suite 102, Winchester, VA 22601, (540) 722-7960.
Prosecutor, defenders and police
- Warren County Commonwealth's Attorney, 1 East Main Street, Suite 133, Front Royal, VA 22630, (540) 635-5441
- Winchester Public Defender Office, 100 North Loudoun Street, Suite 230, Winchester, VA 22601, (540) 722-3450. It covers Warren along with Clarke, Frederick, Page and Shenandoah counties and the City of Winchester; when it has a conflict, the judge appoints a private lawyer.
- Warren County Sheriff's Office, 200 Skyline Vista Drive, Front Royal, VA 22630, (540) 635-7243; emergency dispatch (540) 635-4128
- Front Royal Police Department, the town's police force, (540) 635-2111
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
Many Warren County misdemeanors start with a summons handed out on Route 522, Interstate 66 or a Front Royal street, and the person simply comes to court on the date printed on it. An arrest takes a different route through the magistrate's office on Winchester Road.
From arrest to release
After an arrest, the officer brings the person before the magistrate, who reviews the officer's account, issues a warrant if it is justified, and decides whether the person goes home. Three options are common: release on a personal recognizance, an unsecured bond that costs nothing unless the person later fails to appear, or a secured bond that must be posted in cash or through a bail bondsman licensed by the Department of Criminal Justice Services. The magistrate weighs flight risk and danger to others and can add conditions, such as staying away from a complaining witness. Anyone who cannot meet the terms is booked into the RSW Regional Jail and may ask a General District Court judge to reconsider at a bond hearing; that ruling can in turn be appealed to the Circuit Court.
The first court date
A defendant held in custody is usually brought before the General District Court the next day it sits, often by video from the jail. At that hearing the judge tells the defendant what the charge is and finds out whether a lawyer has been hired. When jail is a possible sentence and the defendant cannot pay for counsel, the judge reviews a sworn financial statement and normally appoints the Winchester Public Defender Office, (540) 722-3450. Those forms are also available at the General District Court clerk's office, (540) 635-2335.
Penalties for the example offenses
- Petit larceny (property worth less than $1,000) and trespassing are Class 1 misdemeanors: up to 12 months in jail, a fine of up to $2,500, or both.
- Assault and battery is also Class 1. If the alleged victim is a spouse, partner, parent, child or someone living in the same home, the JDR court hears it; a first offender there may receive a deferred disposition, while a third family-assault conviction can be charged as a felony.
- A first DUI is a Class 1 misdemeanor that brings a minimum $250 fine, a one-year license revocation (a restricted license with an ignition interlock is often possible), and enrollment in the Virginia Alcohol Safety Action Program (VASAP). Testing at 0.15 to 0.20 blood alcohol means at least 5 days behind bars, and anything over 0.20 means at least 10. The license is also suspended administratively for 7 days right at arrest.
- Smaller offenses: a Class 2 misdemeanor carries up to 6 months and $1,000; Class 3 and Class 4 misdemeanors carry fines only, up to $500 and $250.
Trial and outcome
No jury sits in the Warren General District Court, so the judge both hears the evidence and rules on guilt. Results run from dismissal or a deferred disposition for a first offender to a fine, a suspended sentence with probation, or active jail time. A defendant convicted there can note an appeal within 10 days and receive a completely new trial in the Warren Circuit Court. Expect one to three months for most cases, longer when an appeal is filed. Some dismissed charges and certain convictions may later qualify for sealing under Virginia law.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
With Interstate 66 and Interstate 81 meeting just north of the county line, Warren County sees a steady flow of drug cases alongside the burglaries, thefts and assaults that arise in Front Royal and the surrounding subdivisions. Every felony charged in the county ends up in the Warren Circuit Court if it is not dismissed earlier.
Steps in a Warren County felony
- Warrant and magistrate. The magistrate on Winchester Road issues the felony warrant and decides on bail. A person who stays in custody is held at the RSW Regional Jail.
- Advisement. At the first appearance in the General District Court, the judge explains the charge, sets a date for the preliminary hearing, and appoints the public defender or a private lawyer if the defendant qualifies.
- Preliminary hearing. The Commonwealth must show probable cause. If the judge finds it, the charge is certified to the grand jury; if not, the felony is dismissed or may be reduced. Warren County prosecutors sometimes bypass the hearing altogether and present the case straight to a grand jury, which is called a direct indictment.
- Grand jury and arraignment. After indictment in the Warren Circuit Court, the defendant is arraigned, enters a plea, and the case is set for motions and trial.
- Resolution. Most cases end in a plea agreement. At trial, a 12-person jury must agree unanimously; a judge decides the sentence unless the defendant asks for the jury to do so. The judge considers Virginia's voluntary sentencing guidelines.
What the example felonies carry
- Grand larceny, theft of $1,000 or more: 1 to 20 years in prison, or up to 12 months in jail.
- Burglary of a home at night: Class 3 (5 to 20 years), or Class 2 if the burglar was armed; other statutory burglaries carry up to 20 years.
- Possession of a Schedule I or II drug, such as fentanyl, heroin or cocaine: Class 5, 1 to 10 years or up to 12 months in jail. A first conviction for distribution, or possession with intent to distribute, carries 5 to 40 years, and dealing in large amounts brings mandatory minimum terms. Adults 21 and over may possess up to an ounce of marijuana, but selling it remains illegal.
- Malicious wounding is a Class 3 felony punished by 5 to 20 years; unlawful wounding, the same injury without malice, is Class 6, with 1 to 5 years in prison or up to 12 months in jail.
Timing and time served
Under Code §19.2-243, a defendant held in jail must generally be tried within 5 months of the probable cause finding, and one on release within 9 months, though continuances and other exceptions extend those limits. A typical Warren County felony takes four to twelve months. Parole was abolished for felonies committed on or after January 1, 1995; earned sentence credits may shorten a sentence somewhat. Any sentence of more than 12 months is served in the Virginia Department of Corrections rather than the regional jail.
Violent felony (for example, murder, rape, robbery)
Homicides, sexual assaults and armed robberies in Warren County are investigated by the Sheriff's Office or the Front Royal Police Department, often with help from the Virginia State Police, and are tried in the Warren Circuit Court. In these cases a magistrate or judge looks hard at the danger to the community before granting any bond, so many defendants spend the months before trial at the RSW Regional Jail.
Maximum and minimum penalties
- Aggravated murder, the offense once called capital murder, is a Class 1 felony; since Virginia ended the death penalty in 2021, its punishment is life in prison.
- First-degree murder is Class 2 and punished by 20 years to life; second-degree murder brings 5 to 40 years.
- Rape: 5 years to life.
- Robbery: 5 years to life, with additional mandatory time if a firearm is used and charged separately.
- Aggravated malicious wounding, which requires permanent and significant injury: a Class 2 felony with a range of 20 years to life.
What to expect
These cases follow the ordinary felony steps but usually take longer, commonly one to two years from arrest to verdict, because of forensic testing, expert witnesses and contested pretrial motions. The public defender's office in Winchester or an appointed private attorney with qualifying experience represents defendants who cannot pay. Victims and their families have rights under the Crime Victim and Witness Rights Act, including notice of court dates and the chance to give an impact statement at sentencing; the Commonwealth's Attorney's Victim/Witness Assistance staff can be reached at (540) 635-4864.
Juveniles (under 18) arrested in Warren County
When a Front Royal officer or a sheriff's deputy takes a child into custody, the case belongs to the Warren Juvenile and Domestic Relations District Court, 1 East Main Street, 2nd Floor, Front Royal, (540) 635-4107.
Court Service Unit intake
Warren County is served by the 26th District Court Service Unit, which has a Warren County branch office; the main number in Winchester is (540) 722-7960. An intake officer reviews each complaint and decides whether to divert it informally, file a petition that sends it to the JDR judge, or, for a youth considered dangerous or likely to flee, authorize detention. The Commonwealth's Attorney prosecutes the petitions that go to court, and the judge appoints a lawyer, often from the Winchester Public Defender Office, if the family does not hire one.
Detention
A Warren County youth who is detained is typically taken to the Northwestern Regional Juvenile Detention Center, 145 Fort Collier Road, Winchester, VA 22603, (540) 722-6174, which serves Warren together with Clarke, Frederick, Page and Shenandoah counties and the City of Winchester. A detention hearing must be held within 72 hours, or on the next day the court sits, and the judge decides whether the child can return home under conditions such as a curfew or electronic monitoring.
Possible outcomes
- Diversion, dismissal, or probation supervised by the Court Service Unit, with conditions like counseling, community service, restitution and school attendance.
- Local programs and short-term placements for youths who need more structure.
- For serious or repeated offenses, commitment to the Department of Juvenile Justice, served at Bon Air Juvenile Correctional Center or in a community placement program.
- Adult prosecution: a youth 14 or older charged with certain serious felonies may be transferred to the Warren Circuit Court after a transfer hearing in the JDR court. For the gravest charges, such as murder or aggravated malicious wounding, the Commonwealth's Attorney can generally certify a 16- or 17-year-old for adult trial once a preliminary hearing finds probable cause.
Records from a Warren County juvenile case are, with limited exceptions, closed to the public.
Federal cases (U.S. District Court) from Warren County
Warren County belongs to the Western District of Virginia, and federal charges from the county are filed in its Harrisonburg Division, about an hour's drive south on Interstate 81.
- U.S. District Court, Harrisonburg Division, 116 North Main Street, Room 314, Harrisonburg, VA 22802; Clerk (540) 434-3181
- U.S. Attorney's Office, Western District of Virginia: headquarters in Roanoke, (540) 857-2250; nearest branch in Charlottesville, 255 West Main Street, Room 130, (434) 293-4283
- Federal Public Defender, Charlottesville office, 401 East Market Street, Suite 106, Charlottesville, VA 22902, (434) 220-3380; Criminal Justice Act panel attorneys are appointed when that office cannot take a case
Why a Warren County case might be federal
The northern entrance to Shenandoah National Park and the start of Skyline Drive are just outside Front Royal, and parts of the George Washington National Forest lie in the county's western ridges. Crimes committed on that federal land, from a DUI on Skyline Drive to an assault at a park overlook, can be charged in federal court, with minor matters heard by a U.S. magistrate judge. Away from federal property, federal prosecutors also take drug-trafficking conspiracies moving along I-66 and I-81, gun possession by convicted felons and other prohibited people, bank robbery, child exploitation and fraud.
The federal process in brief
A Warren County resident arrested on a federal charge is taken first to a federal magistrate judge in Harrisonburg or another WDVA courthouse, where the charges are read and a lawyer is assigned to anyone who qualifies. Commercial bail bonds play no part. Under the Bail Reform Act, the court either releases the person on conditions supervised by U.S. Pretrial Services or orders detention, usually after a hearing held within three court days of the first appearance. A case begun by criminal complaint must be indicted within 30 days, and the Speedy Trial Act calls for trial within 70 days, a deadline often extended. Guilty pleas end the large majority of these prosecutions, and a defendant who goes to trial faces 12 jurors whose verdict must be unanimous.
Before sentencing, a probation officer writes a presentence report, and the judge applies the advisory federal Sentencing Guidelines along with any mandatory minimum. Federal prisoners are not paroled and generally serve about 85 percent of the sentence in the Federal Bureau of Prisons, followed by supervised release. A defendant who wants to challenge a conviction or sentence appeals to the Fourth Circuit, the federal appeals court that sits in Richmond. Federal prosecution of juveniles is rare.
Finding a federal prisoner
The Federal Bureau of Prisons inmate locator lets families look up a sentenced federal prisoner using either a name or a register number. If a federal defendant is being held before trial at RSW or another local or regional jail that boards prisoners for the U.S. Marshals Service, the person can also turn up on that facility's own inmate list.
This guide summarizes criminal court procedure in Warren County and the town of Front Royal; it is not legal advice, and court schedules, jail arrangements and phone numbers can change. Anyone facing a charge in Warren County should get advice from a criminal defense lawyer. To ask for a court-appointed attorney, tell the magistrate or the judge at the first appearance, or contact the Warren General District Court clerk at (540) 635-2335; the Winchester Public Defender Office is at (540) 722-3450. For custody information, call the Warren County Sheriff's Office at (540) 635-7243.
Criminal Court Process for Warren County Virginia
Warren 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.
