Southwest Virginia Regional Jail - Abingdon facility Criminal Court Process
Criminal Court Process for Washington County Virginia
Washington County, on the Tennessee line in Southwest Virginia, has its county seat in the historic town of Abingdon, where its three criminal courts sit side by side on East Main Street: the Washington Circuit Court, the Washington General District Court and the Washington Juvenile and Domestic Relations District Court. All three are in Virginia's 28th Judicial Circuit. The county's own elected Commonwealth's Attorney, whose office is on Valley Street in Abingdon, prosecutes. The City of Bristol, though it borders the county, is a separate locality with its own courts. Adults held after arrest go to the Southwest Virginia Regional Jail - Abingdon facility, just outside Abingdon.
- Washington Circuit Court, Courthouse, 189 East Main Street, Abingdon, VA 24210; Clerk (276) 676-6224
- Washington General District Court (criminal and traffic), 191 East Main Street, Abingdon, VA 24210, (276) 676-6281
- Washington Juvenile and Domestic Relations District Court, Courthouse, 187 East Main Street, Abingdon, VA 24210, (276) 676-6282
- Magistrate, Washington office, 15205 Joe Derting Drive (P.O. Box 1127), Abingdon, VA 24210, (276) 676-6228
- Washington County Commonwealth's Attorney, 165 Valley Street NE, Abingdon, VA 24210, (276) 676-6293
- Court-appointed counsel: no public defender office serves Washington County; ask through the General District Court clerk, (276) 676-6281
- Washington County Sheriff's Office, Public Safety Building, 20281 Rustic Lane, Abingdon, VA 24210, (276) 676-6000
- 28th District Court Service Unit (juvenile intake), 193 East Main Street, Abingdon, VA 24210, (276) 676-6284
- Southwest Virginia Regional Jail - Abingdon facility, 15205 Joe Derting Drive, Abingdon, VA 24210, (276) 739-3534
Which court hears your case. Traffic offenses and misdemeanors charged in Washington County are tried before a judge, with no jury, in the Washington General District Court, and a guilty verdict can be appealed within 10 days to the Washington Circuit Court for a new trial in which a jury may be requested. The Washington Juvenile and Domestic Relations District Court takes assaults and other crimes alleged against family or household members, and any case involving a juvenile. A felony charge gets its preliminary hearing in the General District Court, or in the JDR court if the victim is a relative or household member, and is tried in the Washington Circuit Court once indicted by a grand jury.
Where pretrial inmates are held. The Southwest Virginia Regional Jail Authority operates the jail on Joe Derting Drive off Interstate 81 near Abingdon, the same site that houses the county magistrate's office. The Authority's four facilities (Abingdon, Duffield, Haysi and Tazewell) serve Washington County together with Bristol, Norton and the counties of Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell and Wise, and inmates can be moved between sites. To check on an inmate or arrange a bond, call the Abingdon facility at (276) 739-3534 or the Washington County Sheriff at (276) 676-6000.
- Courts in Washington 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 Washington County
- Federal cases (U.S. District Court) from Washington County
Courts in Washington County (circuit, general district, and juvenile and domestic relations courts)
Virginia's towns hold no courts of their own; there are no municipal, town or mayor's courts in the state. Cases from the towns of Abingdon, Damascus and Glade Spring, from the Washington County portion of Saltville, and from places such as Meadowview, Emory and Mendota are all heard in the Washington County courts on East Main Street in Abingdon. Charges arising inside the City of Bristol go to the Bristol courts instead.
The courthouse block on East Main Street
- Washington Circuit Court, 189 East Main Street, Abingdon, VA 24210, (276) 676-6224 or (276) 676-6226
- Washington General District Court, 191 East Main Street, Abingdon, VA 24210, (276) 676-6281 or (276) 676-6279; clerk's office 8:00 a.m. to 4:00 p.m.
- Washington Juvenile and Domestic Relations District Court, 187 East Main Street, Abingdon, VA 24210, (276) 676-6282; clerk's office 8:00 a.m. to 4:00 p.m.
Magistrate and juvenile intake
- Magistrate, 15205 Joe Derting Drive, Abingdon, VA 24210, (276) 676-6228. The office is located at the regional jail, so people arrested in the county usually see the magistrate there and are released or booked on the spot; it handles warrants and bail 24 hours a day.
- 28th District Court Service Unit, 193 East Main Street, Abingdon, VA 24210, (276) 676-6284
Prosecution and defense
- Washington County Commonwealth's Attorney, 165 Valley Street NE, Abingdon, VA 24210, (276) 676-6293; Victim/Witness Assistance Program at the same address, (276) 676-4200
- Appointed counsel: Washington County has no Virginia Indigent Defense Commission public defender office. The court appoints a private lawyer from its list for a defendant who qualifies; the request is made to the magistrate or judge, and the financial statement is filed with the General District Court clerk.
Police
- Washington County Sheriff's Office, 20281 Rustic Lane, Abingdon, VA 24210, (276) 676-6000; Central Dispatch non-emergency (276) 676-6277
- Abingdon Police Department, Abingdon, VA 24210, (276) 628-3111
- Damascus Police Department, P.O. Box 659, Damascus, VA 24236, (276) 475-3341
- Glade Spring Police Department, 228 West Glade Street, Glade Spring, VA 24340, (276) 429-2333
- Saltville Police Department, 217 Palmer Avenue, Saltville, VA 24370, (276) 496-4321 (most of the town lies in Smyth County)
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
A misdemeanor in Washington County may come from a deputy, a town officer in Abingdon, Damascus or Glade Spring, or a state trooper on Interstate 81. Whether the person is cited or arrested, the case ends up in the General District Court or, for family matters, the JDR court.
Booking and the magistrate
Because the magistrate works out of the regional jail complex on Joe Derting Drive, an arrested person is usually taken straight there. The magistrate listens to the officer, issues a warrant if the facts support one and sets terms of release. Release can be on recognizance (a signed promise), on an unsecured bond that must be paid only if the person fails to appear, or on a secured bond posted in cash or by a licensed bail bondsman. Conditions such as no contact with an alleged victim are common in assault cases. Virginia's 2021 law removed the presumption against release for certain offenses, so each decision turns on the individual's flight risk and danger to others. Anyone who cannot meet the terms is booked into the Southwest Virginia Regional Jail - Abingdon facility and may ask a district court judge to review them at a bond hearing.
First appearance
On the next day the court sits, an in-custody defendant is arraigned, often by video from the jail. The judge reviews the charge and asks about counsel. Washington County has no public defender, so a defendant facing possible jail who cannot afford a lawyer completes a financial statement and is appointed a private attorney from the court's list. The cost of that lawyer may be assessed as court costs if there is a conviction.
Penalties
- Petit larceny of property under $1,000 and trespassing are Class 1 misdemeanors, for which a Washington County judge may impose up to a year in jail, up to $2,500 in fines, or both.
- Washington County deputies most often charge simple assault and battery as a Class 1 misdemeanor, too. When the parties are family or household members, the JDR court hears it, a first offender may receive a deferred disposition and eventual dismissal, and a third such offense can be charged as a felony.
- A first DUI means at least a $250 fine, loss of the license for a year (a restricted license with an ignition interlock device is often granted), and participation in VASAP. With a blood alcohol content between 0.15 and 0.20 the court must order 5 days behind bars, and above 0.20 that minimum doubles to 10 days. The license is also administratively suspended for 7 days from the arrest.
Trial and appeal
Every trial in Washington County General District Court is decided by a judge, with no jury. Possible outcomes are dismissal, a deferral program for first offenders, a fine, a suspended sentence with probation, or jail. Within 10 days of a conviction, the defendant may appeal to the Washington Circuit Court, where the case is tried again from scratch and a seven-person jury can be requested. A misdemeanor usually takes one to three months unless it is appealed.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
Release decisions
The magistrate at the jail complex sets release terms after a felony arrest, often requiring a secured bond. If the defendant stays at the Southwest Virginia Regional Jail - Abingdon facility, defense counsel can ask the Washington General District Court for a bond hearing and appeal an adverse ruling to the Circuit Court. At arraignment the judge appoints a private attorney for a defendant who cannot pay.
Preliminary hearing
The General District Court judge holds a preliminary hearing to decide whether probable cause exists. The Commonwealth usually calls the investigating officer, and the defense may cross-examine and sometimes learns a good deal about the evidence. If probable cause is found, the case is certified to the grand jury; if the charge is dismissed, prosecutors can still seek an indictment later. The Commonwealth's Attorney can also go directly to the grand jury for a direct indictment. A felony with a family-member victim has its preliminary hearing in the JDR court.
The Washington Circuit Court
Once indicted, the defendant is arraigned in Washington Circuit Court in Abingdon. Most felonies are settled by plea agreement. A trial may be heard by the judge or by a jury of 12, which must reach a unanimous verdict; since July 2021 the judge sentences unless the defendant asks for the jury to fix punishment. Sentencing guidelines are advisory only. The speedy-trial statute requires trial within 5 months after probable cause is found when the defendant is jailed and within 9 months when released, with exceptions for continuances the defense requests or agrees to.
What the example charges carry
- Burglary of a residence at night is a Class 3 felony with 5 to 20 years, rising to Class 2 if the offender was armed; other forms of statutory burglary can lead to a term of up to 20 years.
- Grand larceny, involving $1,000 or more, is punishable by 1 to 20 years, though a judge or jury may impose up to 12 months in jail instead.
- Possession of a Schedule I or II drug (for instance methamphetamine, heroin, fentanyl or cocaine) is a Class 5 felony. Distribution or possession with intent to distribute brings 5 to 40 years on a first conviction, and large quantities carry mandatory minimums. Possessing an ounce or less of marijuana is legal for those 21 and older, but distribution remains a crime.
- Malicious wounding is punished as a Class 3 felony, and unlawful wounding as a Class 6 felony with 1 to 5 years or up to 12 months in jail.
Parole was abolished in Virginia for felonies committed on or after January 1, 1995; inmates may earn credits that shorten their time. Someone sentenced to more than a year will serve it in a state prison run by the Department of Corrections rather than in the regional jail. A Washington County felony case typically lasts four months to a year.
Violent felony (for example, murder, rape, robbery)
Homicides, sexual assaults and armed robberies in Washington County are investigated by the Sheriff's Office or the relevant town police department, often with Virginia State Police support, and are prosecuted in the Washington Circuit Court.
Punishment ranges
- Aggravated murder, which replaced capital murder after Virginia abolished the death penalty in 2021, is a Class 1 felony with a sentence of life imprisonment.
- The sentence for first-degree murder, a Class 2 felony, ranges from 20 years to life; for second-degree murder the court can impose between 5 and 40 years.
- Rape and robbery share a range of 5 years to life imprisonment.
- Aggravated malicious wounding, which requires permanent and significant physical impairment of the victim, is graded Class 2.
Custody and court
Release before trial is possible, but a magistrate or judge considering bail for a violent charge gives heavy weight to the safety of the victim and the community, and many defendants are held at the Southwest Virginia Regional Jail - Abingdon facility until trial. These prosecutions follow the standard felony route of preliminary hearing or direct indictment, grand jury, arraignment and plea or trial, but they move more slowly because of lab testing, expert testimony and motions; one to two years is common. A defendant who cannot hire a lawyer receives a court-appointed attorney qualified to handle serious felonies.
Victims' rights
Victims are entitled under the Crime Victim and Witness Rights Act to notice of court dates and release, the opportunity to submit an impact statement and the ability to request restitution. The Washington County Commonwealth's Attorney's Victim/Witness Assistance Program, (276) 676-4200, supports victims through the case.
Juveniles (under 18) arrested in Washington County
Criminal charges against people under 18 in Washington County are heard by the Washington Juvenile and Domestic Relations District Court, 187 East Main Street, Abingdon, (276) 676-6282.
Intake
The 28th District Court Service Unit, which has its office just down the street at 193 East Main Street, (276) 676-6284, screens every juvenile complaint. Its intake officer can resolve a minor matter through diversion without court, file a formal petition, or, for a serious charge or a youth judged a risk to flee or to others, authorize placement in secure detention.
Detention
Washington County youths who are detained go to the Highlands Juvenile Detention Center at 1080 Transit Way in Bristol, (276) 466-7800, run by a commission formed by the 28th District localities. A JDR judge must hold a detention hearing within 72 hours, typically on the court's next business day, to decide whether the youth stays detained or goes home under conditions.
Court, counsel and dispositions
The Commonwealth's Attorney prosecutes juvenile cases, and every child has the right to a lawyer; with no public defender in the county, the judge appoints private counsel when the family cannot pay. The judge, sitting without a jury, can dismiss the case, approve diversion, or order probation supervised by the Court Service Unit, restitution, community service, counseling or other community programs. For serious or repeated offenses, the judge can commit the youth to the Department of Juvenile Justice, which may place the youth at the Bon Air Juvenile Correctional Center or in a community placement.
Adult prosecution
A juvenile who is at least 14 and charged with certain serious felonies may be transferred to the Washington Circuit Court after a transfer hearing in the JDR court. For the gravest charges, including murder and aggravated malicious wounding, the Commonwealth's Attorney can certify a 16- or 17-year-old for adult trial once probable cause is established at a preliminary hearing. Most juvenile court records are kept confidential.
Federal cases (U.S. District Court) from Washington County
The federal court for Washington County is close at hand: the Western District of Virginia holds its Abingdon Division in the county seat, at 180 West Main Street, Room 104, Abingdon, VA 24210, Clerk (276) 628-5116.
Which cases are federal
Cases are brought in federal court when they involve drug trafficking networks, firearms possessed by felons or other prohibited persons, bank robbery, child exploitation, or fraud affecting federal programs, banks or the mail. Eastern Washington County includes part of the Mount Rogers National Recreation Area in the Jefferson National Forest, and the Appalachian Trail passes through Damascus; offenses on that federal land can be federal crimes, and citations there are heard by a magistrate judge on the Abingdon petty-offense docket.
Federal prosecutors and defenders
- Federal Public Defender (Abingdon office), 201 Abingdon Place, Abingdon, VA 24211, (276) 619-6080; if the office has a conflict, the court appoints a lawyer from the Criminal Justice Act panel
- United States Attorney (Abingdon office), 180 West Main Street, Suite B19, Abingdon, VA 24210, (276) 628-4161
From arrest to sentence
A defendant arrested by federal agents is brought before a magistrate judge for an initial appearance, where the charges are explained and counsel is appointed if needed. Should the government request detention, the hearing usually occurs within three court days. The judge applies the Bail Reform Act, releasing the defendant on conditions enforced by the probation and pretrial services office or ordering detention when no conditions suffice. If the case started with a criminal complaint, a grand jury indictment is due within 30 days, and the Speedy Trial Act requires trial within 70 days, though the clock is frequently paused. The great majority of defendants plead guilty. A probation officer then prepares a presentence report, and the judge sentences under the advisory Sentencing Guidelines, subject to any mandatory minimum. Federal prisoners have no parole and serve roughly 85 percent of the sentence or more with the Bureau of Prisons before supervised release begins. Trials use a 12-person jury that must agree unanimously, and appeals go to the U.S. Court of Appeals for the Fourth Circuit. Juveniles are seldom prosecuted in federal court.
How to find a federal inmate
The Federal Bureau of Prisons inmate locator can be searched by name or register number. A federal defendant awaiting trial may be held in a local or regional jail under a contract with the Marshals Service and could also be listed on that jail's inmate roster.
This guide describes the criminal court process in Washington County in general terms and is not legal advice. Phone numbers and procedures change, so verify with the Washington General District Court clerk at (276) 676-6281 or the appropriate court. Washington County has no public defender office; a person who cannot afford a lawyer should ask the magistrate or the judge at the first appearance for a court-appointed attorney.
Criminal Court Process for Washington County Virginia
Washington 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.
