VIRGINIA CRIMINAL PROCESS

FROM ARREST TO JUDGMENT

So you or a loved one has been charged with a crime in Virginia. There are several questions which clients typically ask us relating to their arrests, the upcoming court date, the people in the courtroom, and possible outcomes of trial. We hope to answer most of these questions here, but if you have additional questions, please feel free to contact us to discuss your particular circumstances.

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Beginning of the Process

An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes you before a magistrate.

The SUMMONS (generally printed on yellow paper) tells you what you are charged with, the date and time of the incident, and the court date on which you must appear. Signing it does not indicate that you are guilty but that you have seen the summons and been told your court date. You should sign the summons, because if you don’t, the police officer will have to take you into custody; you will be handcuffed and taken before a magistrate.

The Magistrate's Office

The MAGISTRATE is a public official who can issue warrants for the arrest of persons based on complaints by citizens or observations by police officers. Magistrates also make the initial decision about the circumstances under which an arrested person will be released while awaiting trial. Persons who have a stable job, family, or address may be released on their promise to appear for trial (also called a Personal Recognizance Bond). Others may have to post a cash bond or pay a fee to a bondsman or a bail bond in order to ensure their appearance at trial. Some may be held in jail prior to trial if the magistrate and judge think they are dangerous or that they are not likely to appear for trial.

Pre-Trial Services

The Court Services Office assists the magistrates and judges by interviewing arrestees to learn about job, family, address, etc., and to determine whether an arrestee can be released on personal recognizance, third party or supervised release.

An ADVISEMENT hearing is generally held the next business day after you have been arrested and/or if you are not released by the Magistrate or cannot make bail. The advisement hearing is a hearing where the judge will review the magistrate’s decision and the information from Court Services and may release you or lower the bond amount. If you still have not retained an attorney, the judge will make further inquiries regarding your ability to hire an attorney.

Getting Ready for Court

Hiring an attorney: You have a right to be represented by an attorney when you have been charged with an offense, whether it is a traffic offense or a serious criminal offense. You should take this right very seriously, because most people do not know how to protect their own interests in a trial and may be frightened or upset when they come before a judge. If you want an attorney, you should contact one immediately. Do not wait until the day before the trial as the attorney needs time to learn about the case and prepare for trial. The sooner you hire an attorney, the earlier he/she can get started on working on your case before crucial evidence gets destroyed (e.g., surveillance videos), witness memories fade, and other potential defense strategies are forfeited.

The Court Date

It is very important that you appear in court on the date and time you have been given. Failure to appear may mean one or more of the following consequences:

• You will lose any bond money you have posted for your release.
• You may be tried in your absence and found guilty, and may receive the maximum penalty allowed.
• For a traffic or criminal offense, your license may be suspended.
• You can be charged with an additional offense of Failure to Appear and a warrant can be issued for your arrest. If arrested, you may be held in jail without bond.

Be sure to allow sufficient time to get to the courthouse, locate parking, stand in line waiting to get through security, locating which courtroom your particular case is assigned and physically being in the courtroom prior to the start of your scheduled hearing.

In the Courthouse

COURTROOM CELL PHONE POLICIES: Jurisdictions such as Fairfax County, the Town of Herndon, and the Town of Vienna allow the public to bring their cell phones with them to court. However, jurisdictions such as Alexandria City, Arlington County, Prince William County, and Loudoun County do NOT allow cell phones to be brought into the courthouse. In all instances, please keep in mind that if cell phones or beepers are heard in the courtroom, they will be confiscated.

COURTROOM: Courtroom assignments scroll on monitor screens located near some courtrooms on each floor and list the cases in alphabetical order by accused party's last name. Check carefully to determine the courtroom where your case is scheduled.

INTERPRETERS: Interpreters can be provided to assist persons who do not speak English. Spanish interpreters are usually readily available in all Northern Virginia jurisdictions.

Three Different Courts

THE DISTRICT COURT LEVEL is the entry level for courts in Virginia. These courts do not routinely use court reporters to make a verbatim transcript of a trial (they are not courts of record) and they do not use juries. The District Court level includes two kinds of court:

• GENERAL DISTRICT COURT: This court handles advisements, traffic infractions, criminal misdemeanor cases, and preliminary hearings in felony cases, for adult defendants.
• JUVENILE & DOMESTIC RELATIONS DISTRICT COURT: This court, often called just Juvenile or Family Court, handles cases where the accused person or the complaining witness is a juvenile, or where families are involved, or where the parties have lived together for some period of time.

THE CIRCUIT COURT is a court of record and handles felony cases and misdemeanor appeals. Most citizens should not undertake any trial in Circuit Court without an attorney’s help.

People in the Courtroom

• The JUDGE: The judge is the most important person in the courtroom and has a great deal of power to determine what will happen. You should be respectful and pay attention to what the judge says. If you are not represented by counsel, you may ask reasonable questions and get clarification if you do not understand something in your case. Otherwise, it is always best to speak with your attorney before saying anything to the judge as whatever you say could be detrimental to your case and be used against you.
• The DEPUTY / COURT SECURITY OFFICER: One or more Deputy Sheriffs will be in the courtroom to ensure the safety of the judge and all other persons present and to keep order.
• The CLERK: A court clerk will be present to assist the judge by handling paperwork and noting the outcomes of each case.
• The POLICE OFFICER: In traffic and criminal cases, the arresting officer will be present to describe the offense and circumstances of the arrest.
• The PROSECUTOR: In serious cases, or cases where the accused party with retained counsel is contesting the charge, the Commonwealth's case will be presented to the judge by the Commonwealth’s Attorney (prosecutor).

IN A CIRCUIT COURT COURTROOM: For serious criminal cases tried in Circuit Court, or for cases appealed from the District Court, the following people may also be present:

• COURT REPORTER: The Circuit Court is a court of record, and verbatim records are kept by a Court Reporter of everything that happens during a felony trial. If you want a record of a misdemeanor trial, you must provide your own Reporter.
• JURY: In Circuit Court, cases may be decided by a jury instead of a judge.

Possible Outcomes

When you go to trial in any of the three courts above, the following are some of the possible outcomes:

DISMISSAL OR NOLLE PROSEQUI: For various reasons, the judge may dismiss the charges against you or the Commonwealth’s Attorney may decide not to prosecute, or "nolle prosequi" the charge(s). For instance, the evidence may be inadequate or the police officer may not have appeared to testify against you.

DEFERRED DISPOSITION: For certain minor criminal charges, such as first-time shoplifting, you may be offered the opportunity to participate in a program involving community service, possibly along with some counseling or special education. The charge against you will be deferred, and if you pay court costs, complete the program satisfactorily, and are not rearrested, the charge may be dismissed. Please note that in certain circumstances, a dismissal achieved through this process cannot be expunged and may have serious immigration consequences.

NOT GUILTY: You may be tried and found ‘Not Guilty’ of the offense charged. If so, you will be free to go and will have no further responsibility under that charge.

GUILTY: You may be tried and found guilty. If so, you will be required to reimburse the court for some of the costs of trying your case. In addition, any of the following elements may be included in your sentence:

• FINE: You may be required to pay a fine. You will be expected to pay this fine and court costs immediately upon completion of your case. If the judge suspends your fine, you are still required to pay court costs upon leaving the courtroom.
• JAIL SENTENCE: You may be sentenced up to a year in the local jail. If you spent any time in jail before trial, that time may be credited against your sentence. The Sheriff’s Office and your attorney may be able to help you get into an alternative program such as electronic incarceration or the work release program.
• SUSPENDED SENTENCE: You may have a fine or a jail term imposed on you, but all or part of the sentence may be suspended (delayed) for a period of time. At the end of that time (usually a year), if you have committed no other crimes, paid the fines and court costs, and compiled with any other specific terms provided by the court, then the suspended portion of the sentence may be dropped.
• PROBATION: You may be placed on probation as an alternative to some or all of a sentence of incarceration. This means that a probation officer will be assigned to supervise aspects of your life for a period of time, including such things as periodic drug testing, counseling, monitoring, required substance abuse treatment, restitution, and getting or keeping a job.
• PRISON SENTENCE: If you are charged with a felony and tried in Circuit Court, you may be sentenced to serve a period of time in a State correctional institution. You will stay in the local jail until you are transferred to the State Department of Corrections.
• VIRGINIA ALCHOL SAFETY ACTION PROGRAM ("VASAP"): For the offense of Driving while Intoxicated, and some other substance abuse offenses, you may be assigned to the VIRGINIA ALCOHOL SAFETY ACTION PROGRAM ("VASAP") for probation supervision, assessment, education, and possible referral for treatment.
• SUBSTANCE ABUSE TREATMENT: For offenses involving drugs and/or alcohol, you may be required to be evaluated by the County’s Alcohol and Drug Services, and to participate in an inpatient or outpatient treatment program.

Appeal

If you are convicted in one of the District Courts, you can APPEAL the case and it will be tried all over again (called "Trial De Novo") in Circuit Court, where you can have a jury trial if you want one. It is probably best to work with an attorney if you plan to appeal your case. The appeal must be filed within 10 calendar days of your conviction.

If you have been charged with a crime in Virginia, it is important that you speak with a lawyer as soon as possible. We will carefully examine your charges and immediately begin developing an effective defense strategy for your case. A criminal conviction carries devastating penalties including fines, restitution and the potential for jail/prison. Additionally, a conviction on your criminal record can have disastrous effects on your ability to find a job, retain your security clearance, or in cases involving non-citizens, potential deportation.

We will make every effort to aggressively fight for your case and with our goal always being a dismissal or not guilty finding. Even if the evidence is stacked against you, we will explore all options in reaching a plea agreement with the prosecutor's office that is beneficial to you, in an effort to keep you out of jail and to keep your record clean. Trust our firm to be honest and straightforward in our communication with you during each phase of the legal process. Please contact us to schedule a free telephone or in-person consultation.