Brief Explanation of the Criminal Justice Process

Felony Cases

Subpoena

A court document requiring you to be present in court at a particular time and place. Failure to appear can result in criminal charges against you. This is your notification of when you must be present in court.

Preliminary Hearing in District Court

This hearing is held in either the General District Court or the Juvenile and Domestic Relations District Court and is typically your first court appearance. The preliminary hearing is not a trial. Its purpose is to determine whether it is reasonable to believe that a crime has been committed and that the defendant has committed the crime. If the judge determines that the evidence is sufficient to establish that the defendant committed a crime, the case is sent to the Grand Jury.

Circuit Court Grand Jury

A Grand Jury consists of citizens who examine the evidence of the case. If they find enough evidence to charge the defendant with the specific crime, they indict the defendant, and the case is then set for trial in the Circuit Court. Normally the victims and lay witnesses will not have to appear to testify before the grand jury.

Pre-Trial Preparation

The Commonwealth's Attorney or Assistant Commonwealth's Attorneys is responsible for presenting the case against the defendant on behalf of the Commonwealth of Virginia. (If you have any questions about the case or any additional information, contact the Commonwealth Attorney or the Assistant Commonwealth's Attorney by calling 276-403-5470).

Trial in Circuit Court

A defense attorney represents the defendant. At the beginning of the trial, all witnesses are sworn in and may then be required to remain outside of the courtroom until they testify. You cannot leave until allowed to do so. When you are called to testify, the prosecutor and defense attorney will ask you questions. On rare occasions, the judge may ask you questions. At the trial, the judge or jury will determine whether the defendant is guilty or not guilty, and if found guilty, will then determine the sentence imposed on the defendant. After conviction, the defense attorney, prosecutor, or court may ask for a pre-sentence report on the defendant's background. At this time, the victim may wish to file a Victim Impact Statement or present an oral Victim Impact Statement that describes the effect the crime has had on the victim and the victim's family.

Sentencing Hearing

If the defendant is found guilty, sentencing will normally take place at a later date. In a jury trial, the jury fixes a sentence, but the judge has the right to modify the sentence. Crime victims may attend the sentencing hearing.

Misdemeanor Cases

Subpoena

A court document requiring you to be present in court at a particular time and place. Failure to appear can result in criminal charges against you. This is your notification of when you must be present in court.

Trial in District Court

Trial in District Court is similar to trial in Circuit Court except there is no jury. Normally in General District Court, sentencing occurs immediately after conviction. In Juvenile and Domestic Relations District Court, sentencing of a juvenile will probably occur only after a presentence report has been prepared. The victim has the right to be present in court for sentencing.