Shenandoah Valley Juvenile Detention Home Criminal Court Process
Criminal Court Process for Waynesboro city Virginia
The City of Waynesboro, on the South River where Interstate 64 comes down off the Blue Ridge, is governed as an independent city and is not part of Augusta County. Three city courts, all in Virginia's 25th Judicial Circuit, handle its criminal matters: a General District Court and a Juvenile and Domestic Relations District Court that share a building at 237 Market Avenue, and a Circuit Court at 250 South Wayne Avenue. The Commonwealth's Attorney for the City of Waynesboro, an elected official, brings the charges. Anyone kept in custody is taken to Middle River Regional Jail in the Staunton area, since the city has no jail of its own.
- Circuit Court, City of Waynesboro (judges and Clerk): (540) 942-6616; 250 South Wayne Avenue, Waynesboro, VA 22980
- General District Court, City of Waynesboro (criminal and traffic): (540) 942-6636; 237 Market Avenue, Waynesboro, VA 22980
- Juvenile and Domestic Relations District Court, City of Waynesboro: (540) 942-6633; 237 Market Avenue, Suite 202, Waynesboro, VA 22980
- Magistrates: Verona office (540) 245-5015; office at Middle River Regional Jail (540) 245-5420 ext. 1196; a video-only station operates in the Waynesboro Municipal Building
- Commonwealth's Attorney for the City of Waynesboro: 250 South Wayne Avenue, Waynesboro, VA 22980; victim/witness office (540) 942-6797
- Public defender: Staunton Public Defender Office, (540) 332-7845; 26 Byers Street, Staunton, VA 24401
- Sheriff of the City of Waynesboro: (540) 942-6639; 250 South Wayne Avenue, Waynesboro, VA 22980
- Police: Waynesboro Police Department, (540) 942-6675, dispatch (540) 942-6701; Suite 102, 250 South Wayne Avenue, Waynesboro, VA 22980
- Juvenile intake: Court Service Unit for the 25th District, Suite 2101, 100 Dick Huff Lane, Verona, VA 24482, (540) 245-5315
- Middle River Regional Jail (regional jail for the city): Technology Drive, Staunton, (540) 245-5420
Which court hears your case. The charge decides the courtroom. Juvenile and family cases: any offense by someone under 18, offenses involving juveniles, and assaults or other crimes between family or household members are filed in the city's Juvenile and Domestic Relations District Court. Misdemeanors and traffic: the city's General District Court tries these with a judge and no jury; an appeal filed within 10 days gives the defendant a brand-new trial in the Circuit Court, City of Waynesboro, where a jury can hear it. Felonies: a preliminary hearing comes first in the General District Court (in the JDR court if the alleged victim is a family member), and an indictment by the grand jury then sends the case to the Circuit Court.
Where pretrial inmates are held. The Middle River Regional Jail at 350 Technology Drive, Staunton, (540) 245-5420, holds the city's pretrial prisoners. A regional authority runs it on behalf of five member localities: Waynesboro, Staunton, Harrisonburg, Augusta County and Rockingham County. One of the 25th District's staffed magistrate offices is inside the jail, so bail is often set there. For custody questions, the jail or the city sheriff's office, (540) 942-6639, is the place to call.
- Courts in the City of Waynesboro (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 the City of Waynesboro
- Federal cases (U.S. District Court) from the City of Waynesboro
Courts in the City of Waynesboro (circuit, general district, and juvenile and domestic relations courts)
Is there a city or town court? No. Virginia never created municipal or mayor's courts, and no incorporated town lies within Waynesboro, so the state's district and circuit courts are the only ones that hear charges from the city. Watch the line with Augusta County: an offense in Fishersville or Stuarts Draft, though nearby, is an Augusta County case for the courthouse in Verona.
The three courts
- General District Court, City of Waynesboro: 237 Market Avenue; (540) 942-6636. Traffic tickets, misdemeanor trials, felony preliminary hearings, and requests to change bond.
- Juvenile and Domestic Relations District Court, City of Waynesboro: Suite 202 in the same Market Avenue building; (540) 942-6633. Clerk's hours are 8:00 a.m. to 4:00 p.m.
- Circuit Court, City of Waynesboro: 250 South Wayne Avenue in the Municipal Building; judges and clerk at (540) 942-6616. Jury trials, felony cases and appeals from the two district courts.
Support offices
- Magistrates of the 25th District: staffed at 127 Lee Highway, Verona ((540) 245-5015) and inside Middle River Regional Jail ((540) 245-5420, ext. 1196). Waynesboro's own station in the Municipal Building connects to them by video.
- Court Service Unit (juvenile intake, juvenile probation): 25th District office in Verona, Suite 2101, 100 Dick Huff Lane; (540) 245-5315
- Commonwealth's Attorney for the City of Waynesboro: 250 South Wayne Avenue; victim/witness (540) 942-6797
- Staunton Public Defender Office: 26 Byers Street in Staunton; (540) 332-7845. A state office of the Virginia Indigent Defense Commission, it represents qualifying defendants from Waynesboro, Staunton, Lexington and Buena Vista and from the counties of Augusta and Rockbridge. Private court-appointed counsel take the cases it cannot.
- Waynesboro Police Department: Suite 102, Municipal Building; (540) 942-6675; dispatch (540) 942-6701
- Sheriff of the City of Waynesboro: Municipal Building; (540) 942-6639. The sheriff secures the courthouse, moves prisoners and serves court papers.
Misdemeanor (for example, petit larceny, a first DUI, assault and battery, trespassing)
How do people get out? Someone arrested by Waynesboro police on a misdemeanor sees a magistrate, nearly always by video, who issues the warrant and sets the terms. Three types of release exist: personal recognizance; an unsecured bond, where no money changes hands unless a court date is missed; and a secured bond that a relative pays in cash or a licensed bondsman posts for a fee. A person still held at Middle River Regional Jail can ask the General District Court to review those terms. Officers often skip the arrest altogether for lesser charges and issue a summons.
When is the first court date? A jailed defendant normally appears, typically by video, on the next day the General District Court meets. That short hearing covers the charge, the right to counsel and a trial date. To get a free lawyer, a defendant who could be sentenced to jail signs a statement of finances; when eligible, the public defender from Staunton is usually appointed. The clerk's number is (540) 942-6636.
How serious are these charges? In Virginia, shoplifting or other petit larceny under $1,000, assault and battery, and trespass are each a Class 1 misdemeanor, which can bring a jail term of as much as twelve months and a fine reaching $2,500. Lesser classes exist: Class 2 has a six-month and $1,000 ceiling, and the two lowest classes allow fines alone ($500 for Class 3, $250 for Class 4).
What if it's a family matter? Assault and battery against a family or household member goes to the city's JDR court. A deferred disposition, ending in dismissal after the defendant meets court-ordered conditions, is sometimes available to first offenders, while repeat convictions grow more serious and the third can become a felony.
What about DUI? First-offense DUI is also Class 1. The judge must impose at least a $250 fine, and jail becomes mandatory with a high BAC: five days at 0.15 to 0.20, ten days over 0.20. The arrest itself triggers a seven-day license suspension; conviction revokes driving privileges for a year, often with a restricted license if an ignition interlock is installed. VASAP, the Alcohol Safety Action Program, is part of every DUI sentence.
How does it end, and how long does it take? In the General District Court, a judge alone weighs the evidence. Results include dismissal, deferral, a fine, a suspended sentence with probation, or jail. Any conviction can be appealed within ten days to the Circuit Court for a new trial. Most of these cases close within a month to a quarter of a year. Certain records may become eligible for sealing later on.
Felony (for example, burglary, grand larceny, drug possession or distribution, malicious wounding)
What are the possible sentences?
- Theft of property valued at $1,000 or more (grand larceny): as little as a year or as much as 20 years in prison, or alternatively a jail sentence capped at 12 months.
- Burglary: entering a dwelling at night with intent to commit a crime is Class 3, carrying 5 to 20 years; an armed burglar faces Class 2. Many other forms of burglary carry up to 20 years.
- Drug cases: a Schedule I or II possession charge is a Class 5 felony. Selling, or holding drugs with intent to sell, means 5 to 40 years for a first conviction, and quantity-based mandatory minimums exist. Marijuana is legal for adults over 21 in amounts up to an ounce, but distribution is not.
- Injuries: malicious wounding is a Class 3 felony; without malice, the offense is unlawful wounding, a Class 6 felony.
Will the defendant be released? A magistrate considers flight risk and danger and may set bail, order supervision by the local pretrial program, or deny release. Since Virginia's 2021 changes, no charge carries a statutory presumption against release. Bond decisions can be challenged first in the General District Court and then in the Circuit Court.
What happens in district court? At the first appearance, the judge makes sure the defendant has a lawyer (appointing one when necessary) and sets a preliminary hearing. That hearing asks only whether there is probable cause. If the judge finds it, the charge is certified for the grand jury; if not, the charge is dismissed, but prosecutors can try again. Prosecutors may also present a case straight to the grand jury.
What happens in Circuit Court? The indictment brings the defendant to the Circuit Court on South Wayne Avenue for arraignment. Negotiated pleas resolve most cases. At trial the defendant can choose a judge or a jury of 12 that must reach a unanimous verdict, and the judge imposes sentence unless the defendant has asked for jury sentencing, an option in place since July 2021. Guidelines are prepared but are not binding. Under the speedy-trial statute a jailed defendant should be tried within five months of the probable-cause finding (nine if released), with exceptions.
How long, and where is time served? Most felonies are resolved in four to twelve months. Any prison term over a year is served with the Virginia Department of Corrections, without parole for crimes committed since January 1, 1995; earned credits may trim some time. A defendant who loses can appeal to the Court of Appeals of Virginia.
Violent felony (for example, murder, rape, robbery)
What punishments apply? Aggravated murder, Virginia's most serious homicide and the successor to capital murder, carries life in prison; the 2021 repeal took execution off the table. First-degree murder, a Class 2 felony, brings 20 years to life, and second-degree murder brings 5 to 40. Rape and robbery each carry a minimum of 5 years and a maximum of life. Aggravated malicious wounding is Class 2.
Can the accused get out before trial? Sometimes, but often not. Many defendants charged with these crimes stay at Middle River Regional Jail for the life of the case. When a judge grants bond, the terms usually include GPS monitoring and no contact with the complaining witness.
How long do these cases take? Plan on a year or two. The case passes through the preliminary hearing and grand jury and is tried in the Circuit Court, City of Waynesboro, with time needed for forensic reports, expert testimony and suppression motions. Defendants without money are defended by the Staunton Public Defender Office or by court-appointed counsel qualified for major felonies.
What help do victims get? Virginia's Crime Victim and Witness Rights Act gives victims notice of proceedings, a right to attend, and a chance to tell the court how the crime affected them. The Commonwealth's Attorney's victim/witness office, (540) 942-6797, supports victims through each step.
Juveniles (under 18) arrested in the City of Waynesboro
Who reviews the charge? When a Waynesboro youth is accused of an offense, an intake officer of the 25th District Court Service Unit (Verona, (540) 245-5315) screens the complaint before any judge sees it. The officer can send a first-time, minor case to diversion, file a petition in the city's Juvenile and Domestic Relations District Court, or approve detention if the charge is grave or the child poses a risk. The Commonwealth's Attorney for the City of Waynesboro prosecutes petitioned cases.
Where are detained youths held? At the Shenandoah Valley Juvenile Center, 300 Technology Drive, Staunton, (540) 886-0729, a regional detention home for Waynesboro and its Valley neighbors. A detention hearing before a JDR judge must take place within 72 hours, on the court's next working day, to decide whether the youth can go home, perhaps with electronic monitoring or other conditions.
Does the child get a lawyer? Yes. Every juvenile charged with a delinquent act has a right to counsel, and the court appoints one, frequently from the Staunton Public Defender Office, for a family that cannot pay.
What can the judge order? Juvenile cases are tried before a judge only. Following a delinquency finding the court may defer the finding, impose probation, require restitution or community service, or refer the youth to counseling or local programs. In serious matters the youth can be committed to the Department of Juvenile Justice and placed at Bon Air Juvenile Correctional Center or in a community program.
Can a juvenile be tried as an adult? In limited cases. A child at least 14 years old who is charged with certain serious felonies may be transferred to the Circuit Court after a transfer hearing in the JDR court, and for the most serious charges, including murder and aggravated malicious wounding, the Commonwealth's Attorney may be able to certify a 16- or 17-year-old for adult trial once a preliminary hearing finds probable cause. Most juvenile records remain confidential.
Federal cases (U.S. District Court) from the City of Waynesboro
Which federal court? The City of Waynesboro's federal cases go to the Western District of Virginia, Harrisonburg Division. The clerk's office is in Room 314 of the federal courthouse at 116 North Main Street in Harrisonburg (22802), phone (540) 434-3181.
What makes a case federal? Charges such as trafficking drugs in significant quantities, possessing firearms after a felony conviction or while otherwise barred, robbing a bank, exploiting children, and committing fraud are commonly brought by federal prosecutors. Geography plays a part as well: Rockfish Gap, just east of the city, is where Skyline Drive in Shenandoah National Park meets the start of the Blue Ridge Parkway, and offenses there or in the nearby George Washington National Forest may be federal. Lesser violations on that land are heard by a federal magistrate judge on a petty-offense docket.
Who prosecutes and who defends? The U.S. Attorney's Office for the Western District works these cases from Charlottesville ((434) 293-4283) and its Roanoke headquarters ((540) 857-2250); it keeps no Harrisonburg office. Defendants who qualify get the Federal Public Defender, closest in Charlottesville ((434) 220-3380), or a private attorney from the Criminal Justice Act panel.
How does a federal case move?
- Initial appearance in front of a magistrate judge, where charges and rights are explained.
- A detention hearing, generally within three court days if the government requests it; the federal bail statute governs whether the person is released on supervised conditions through pretrial services or held.
- Indictment by a grand jury within 30 days when the case began with a complaint; trial targeted within 70 days by the Speedy Trial Act, though excludable delays are routine.
- Plea agreements in most cases; otherwise trial before 12 jurors, who must be unanimous.
- Sentencing after a presentence report, with the advisory guidelines and any mandatory minimums in play; time served in the Bureau of Prisons (around 85%, with no parole), then supervised release. Appeals lie to the Fourth Circuit.
How can I find someone in federal custody? The Federal Bureau of Prisons inmate locator accepts either a name or a register number. A person held before trial at a local or regional jail on a Marshals Service contract may also be on that jail's roster. Juveniles are prosecuted federally only in rare cases.
What appears here about criminal courts in the City of Waynesboro is general information, not legal advice, and offices or procedures may change; please confirm with the clerk before acting on it. Speak with a lawyer about any charge. A defendant who wants the public defender or another appointed lawyer should tell the magistrate or the judge at the first hearing, or call the city's General District Court clerk at (540) 942-6636.
Criminal Court Process for Waynesboro city Virginia
Waynesboro city 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.
