Call a Winchester Felony Defense Lawyer at (540) 550-4236

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. 

Felony Charges:

Felonies are the most serious criminal charges and the process is more complex and involve more steps than misdemeanor charges. If you are charged with misdemeanors and felony offenses, typically, the misdemeanors will be bound over and considered by the Circuit Court at the same time as your felony charges. 

Step 1: Preliminary Arraignment

You will appear before the judge soon after the arrest. This is where charges will be presented to you, you will be advised of your rights and bail considerations will be addressed. 

Step 2: Preliminary Hearing

Preliminary hearings for felony charges are held in either GDC or JDR depending on the charge. This hearing determines if there is probable cause to believe that the defendant committed the crime. This hearing is not a trial. Once the judge in the GDC or JDR certifies that there is enough evidence for a charge, it will be sent to the Circuit Court and be heard by a Grand Jury. The Grand Jury will then determine whether there is probable cause for you to be tried in the Circuit Court. 

Step 3: Indictment

If the Grand Jury finds enough evidence, they will issue an indictment. This is the formal charging document. This process typically occurs within a month of your preliminary hearing in GDC or JDR Court, however, in some instances, a “direct indictment” may occur without a preliminary hearing. If indicted, the case will be set for trial in the Circuit Court. 

Step 4: Bond Hearings/Pretrial Motions

You may need to have a bond hearing or bond modification hearing at this time. A note of caution on bond hearings – you are well advised NOT to rush into a bond hearing. Once a judge makes a bond determination, it will only be changed if there is a material change in circumstances. Therefore, if you rush into the bond hearing having not carefully considered the issues a judge will ask about, and get an unfavorable bond ruling, it may be a major uphill battle to change your situation in the future.

Your attorney can also file pre-trial motions to resolve certain issues. These motions ask the judge to take certain actions prior to a trial commencing. When filed the judge will conduct a hearing and then make a decision on whether to grant the motion or not. There are many different types of motions, including: a motion to suppress (which is filed to exclude certain evidence the police used to charge you), discovery motions (which asks for an exchange of evidence between the prosecutor and defense attorney regarding the evidence being used in the case), motions to dismiss (which is your attorney asking for the criminal charges against you to be dismissed), or even motions challenging the arrest and warrant against you. These motions ask the judge to rule on particular issues that should be settled before a bench or jury trial – such as constitutional violations. 

Step 5: Trial

At trial, you will have a defense attorney to represent you. You have the right to a jury trial – however, if both you and the prosecution agree, you may instead have a bench trial where a judge decides the charges against you. If you have a jury, the first major step will be jury selection, where you and the prosecution will have the opportunity to select jurors – or rather, deselect jurors who you don’t want, from what is known as the “jury pool.” 

After jury selection, the prosecution will give an opening statement, and if you choose to, your attorney can also give an opening statement. Witnesses will be sworn in, and both sides will present evidence. If and/or when you are called to testify, the prosecutor and defense attorneys will ask you questions. On rare occasions, the judge may ask you questions. At trial, the judge or jury will decide if you are guilty or not guilty. If found guilty, a judge will then determine your sentence, unless you specifically requested jury sentencing. Sentencing will normally take place at a later date. 

Step 6: Post-Conviction Motions

After a conviction, the defense may file motions challenging aspects of the trial or seeking a new one. These motions must be filed within 21 days after the final order is signed by the judge. In Virginia criminal proceedings, post-conviction motions allow defendants to challenge their convictions or sentences based on various grounds, including constitutional violations, new evidence, or ineffective assistance of counsel. The filing of some post-trial motions can be crucial to preserve issues for appeal. 

Step 7: Appeals

In general, appeals are uphill battles and can be very expensive.  You also are typically only able to appeal on issues that were appropriately preserved via timely objection in the lower court. If you have an appealable issue, in most cases, you may appeal to the Court of Appeals of Virginia. The Court of Appeals of Virginia hears appeals from decisions of Virginia’s circuit courts. The court hears: appeals from criminal convictions where a death penalty is not imposed, certain traffic offense appeals, concealed weapon permit denial appeals, and some appeals regarding preliminary rulings on felony cases. Additionally, the Court of Appeals has original jurisdiction over writs of actual innocence for those who pled not guilty but were convicted of a felony. Finally, certain issues may be appealed to the Virginia Supreme Court.

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.