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Disclaimer: Unless we have entered an agreement to consult or represent you, we are not providing you legal advice. This article provides general information only, and is not to be taken as legal advice….That being said, facing criminal charges in Virginia can be overwhelming, leaving you unsure of what comes next. Understanding the steps of the criminal process can provide clarity and peace of mind. 

Summary of the Virginia Criminal Misdemeanor Process: 

A criminal legal action in Virginia can begin in one of three ways: a summons, an arrest warrant or an indictment. Most people charged with a traffic offense, along with certain misdemeanors, begin their court process by being handed a summons by a police officer. Summons are also typically used when your accusor is not a police officer, but is another citizen who made a "citizens complaint" to a magistrate. A summons is a document that tells you what you’re being charged with and gives you a date and time to appear at the courthouse. If your criminal case did not begin with a summons, then it began with an arrest warrant. This occurs when a police officer who believes he has probable cause of an offense arrests you and takes you before a magistrate to obtain an arrest warrant. At the magistrate, the officer will give the reasons he believes he has probable cause that you committed the crime. The magistrate may ask you questions at this time. Do not make any statements to the magistrate or the officer regarding the alleged offense as this can be used against you at future court hearings or at trial, instead if the alleged offense is asked about, request help from a lawyer before discussing it. (Practice tip - Be polite to police and the magistrate – your attitude can be part of what is assessed for purposes of determining bail. It is perfectly ok to identify yourself to police, and discuss with the magistrate details about where you live, where you work, and your criminal history. What you want to avoid discussing is the incident itself that actually resulted in your arrest.) If the magistrate believes that probable cause exists, a warrant for your arrest will be issued. 

Misdemeanors: Starting in General District Court (GDC)

The Virginia General District Court (GDC) is the lowest-level trial court and handles: misdemeanor cases involving adult defendants who do not have an immediate familial relationship with their victims, traffic cases, and preliminary hearings in felony cases. There is a GDC in each city and county in Virginia. GDC proceedings are heard only by a judge - there are no jury trials here. 

Step 1: Arraignment

This is your first appearance. Here, the judge will inform you of the charge(s) against you, advise you of your right to an attorney, and decide whether you qualify for court-appointed counsel. At this time the judge might also address bail. It is at this step where a trial date is usually set. 

Step 2: Trial

Trials before the GDC tend to be quick. The discovery process is slim – with you entitled only to 1) “any relevant written or recorded statements or confessions made by the accused, or copies thereof and the substance of any oral statements and confessions made by the accused to any law enforcement officer; and (2) any criminal record of the accused.” Trials in GDC are not courts of record, so if you want to capture what is said during a trial, you will either need to bring a recording device (and ask the judge to record), or hire a court reporter.

Before a trial, you and your attorney have the opportunity to negotiate with the prosecution. In most jurisdictions the prosecutors handle misdemeanor cases, although in a small majority of jurisdictions, such cases are handled by the arresting law enforcement officer. Often plea agreements to something called a “deferral” or “taken under advisement” can be reached (especially if you have no prior criminal history). A deferral results in you typically admitting that there is sufficient evidence that had you gone to trial, you could be found guilty (this is not the exact same thing as admitting you are guilty– instead, you are acknowledging a judge could find you guilty). The judge would then take the stipulation under advisement and set conditions for you. The conditions may include requirements to take classes (anger management, substance abuse, firearms safety, etc.), complete community service, and be of good behavior for a period of time. When your deferral period is over, if you successfully met the conditions, your charge will be dismissed. If you failed to meet the conditions, the judge will use your stipulation to convict you – and the conviction will likely be unappealable.

If you instead proceed to a trial, the judge will hear the evidence against you and render a verdict. At trial you, along with your attorney, will either be seated at the defense table, or stand before the bench. The charge will be read, and you will plead “not guilty” before the trial starts. The trial will begin with the prosecution presenting their evidence against you. You will be able to cross-examine the prosecution’s witnesses and make objections (where appropriate) to their evidence. After the prosecution rests, you can move to strike. If your motion to strike is denied, or you don’t make a motion to strike, you will next proceed to present your own evidence. When you finish presenting your evidence, both you and the prosecutor will be able to make a closing argument to the judge. If the judge finds you not guilty, dismisses the case against you, or grants a motion to strike or motion not to prosecute (nolle prosse), the case has concluded and you are free to go. If you are found guilty the judge may proceed with sentencing that same day. 

If you are found guilty and you do not appeal the case, you must: pay fees and court costs, surrender your licenses (drivers, concealed handgun permit, etc.) if ordered by the judge, serve jail time, and/or comply with any alternative sentence as ordered by the judge. In criminal cases, if you fail to appear in court, a separate warrant for your arrest may be issued against you on a new charge. You will then have to stand trial on that charge along with the original charge. 

Misdemeanors: Appealed to the Circuit Court

If you are convicted in GDC, you can appeal to the Circuit Court within 10 days of the judgement or conviction. If a jail sentence was imposed by the judge after the misdemeanor trial, you may need to request an appeals bond to remain free while the appeal takes place. On appeal, you have the right to a trial by jury. At the Circuit Court level, you can request to have a trial by jury or by judge. There, your case will be heard from the beginning (called a “trial de novo”), and it will be before a jury of six people (rather than 12 as is common for felony trials), should you choose to have a jury trial. Finally, there is often risk in appealing a misdemeanor conviction to Circuit Court. Often, if you force the prosecution to put on a trial a second time, especially if it is a jury trial, and the prosecution wins again – they will likely request an increased sentence. We often call this practice a “trial tax.”

At Ambler Law Offices, LLC we typically offer representation in criminal matters in stages. If you decide to retain us, you would first pay us a flat fee to handle your case at the trial court level (GDC). If, after the conclusion of your case at the trial court level your case is appealed to the Circuit Court, you would have to separately retain and pay us to represent you in that proceeding. This bifurcated system allows us to offer lower up-front costs to defendants, whose charges may be dismissed or resolved during their initial proceeding.

Misdemeanors Against Juveniles or Involving Family Members: Resolved in Juvenile and Domestic Relations Court (JDR)

Juvenile and Domestic Relations Courts (JDR) act as the trial court for misdemeanors involving juvenile victims or defendants and cases where there is an immediate familial relationship between the victim and the defendant. JDR’s also hold preliminary hearings for felony cases. Similar to GDC courts, JDR cases are heard and decided by the judge - there are no jury trials. JDRs handle cases involving children accused of delinquent acts, children who have been subject to abuse, adults accused of child abuse and much more. 

Step 1: Arraignment

This step in the process works the same way as it does for GDC. The judge will read you your charge(s), advise you of your right to an attorney, and decide whether you qualify for court-appointed counsel. At this time the judge might also address bail. It is at this step where a trial date is usually set. 

Step 2: Trial

The trial in a juvenile delinquency case is called the adjudicatory hearing. While the name is different, virtually every part of the trial described above in “GDC” is applicable to a trial in JDR. The judge will hear the evidence and determine whether the facts in the petition or warrant are true. Adult criminal cases in the JDR are tried under the same standards that are applied in misdemeanor cases heard before the GDC. Adults can plead “guilty” or “not guilty” or “nolo contendere” and from there a judge will enter a ruling. 

During a trial in a delinquency case, all charges must be proven beyond a reasonable doubt. If the judge finds the child to be a delinquent (the equivalent of guilty) sentencing will typically occur the following day. This delayed sentencing is in practice so that the judge can get more information regarding all aspects of the child’s background, including prior offenses and personal history, before deciding what corrective measures to take. 

Misdemeanor Appeals involving Juveniles or Family Members: 

Appeals from the JDR work similarly to appeals from GDC. If convicted at the JDR court, you can appeal to the Circuit Court. Appeals must be filed within 10 calendar days of the conviction date. At the Circuit Court level, you can request to have a trial by jury or by judge. At the Circuit Court, the case will have a de novo hearing. It is important to note that like for GDC, an appeal does not automatically stay the execution of the JDR’s judgement. Therefore, you may need to request certain relief pending the appeal. 

Conclusion:

Going through the criminal process in Virginia can feel daunting and overwhelming. With different courts, procedures, and potential outcomes at every stage, it is easy to feel unsure of your next steps. That is why having a knowledgeable and experienced defense attorney by your side is so important. At Ambler Law Offices, LLC, we are here to guide you through every step of your case. If you are facing criminal charges, don’t go at it alone. Call the criminal law attorneys at Ambler Law Offices, LLC today for a consultation. Contact us today at (540) 550-4236. 15-minute phone consultations for criminal cases are free.