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State System Circuit Court
General District Court
Juvenile and Domestic Relations Court (JDR)
Examples: child abuse, domestic abuse, juvenile crimes, etc. a) they are juveniles and presumably not of a mature decision-making mind, and b) because their sentences aren't as harsh as adults. However: In the Commonwealth of Virginia, juveniles 14 and older can be charged as adults in a felony case. This is up to the Commonwealth's attorney and the judge. If charged as an adult, the juvenile goes through the Circuit Court Grand Jury as an adult. *Note: some outlying counties hold General District, Circuit and JDR court in the same courthouse; however, the judges are different! It is very important to correctly name a judge and courtroom as General District, Circuit or JDR. *When researching a case soon after a person is arrested, look
for the file that is compiled on the person. It could be in the
Circuit Court. Even if it is still in the preliminary hearing
stage, the file will still be in Circuit Court in Charlottesville
and Albemarle (but not, for example, in Fluvanna). The State Court Appeal Process Appeal from Circuit Court:
(Criminal, other than convictions of capital murder):
Court of Appeals does not hear criminal cases where death
sentence has been imposed. Supreme Court of Virginia
U.S. (Federal) System Bankruptcy Court
Magistrate Judge
U.S. District Court
Fourth Circuit Court of Appeals
U.S. Supreme Court
The Path of a Felony
May be before magistrate when arrested or next working day in General District Court, usually in the morning. The judge either sets a bond or denies bond, depending on the seriousness of the crime; how dangerous the defendant is; and the likelihood of flight. Judge also advises of right to counsel and sets date for preliminary hearing. Several weeks later, always in General District Court. The prosecution presents its case, a judge decides whether there is probable cause to send the case to a grand jury. A defendant is never determined to be guilty or not guilty at a preliminary hearing. This is also a chance for the defense to see the prosecution's case, and see what they're up against. Defense can but usually doesn't present anything. Meets once a month in Circuit Court, but this is a closed proceeding. A grand jury is a group of private citizens who hear evidence in d case and decide whether or not to return an indictment against the defendant. Police have already accused the defendant by arresting and charging him, an indictment is now society's accusation, and it means the case will go to trial. A defendant is formally arraigned, and chooses to plead guilty or not guilty. Sometimes this is at the start of a trial, sometimes it is separate. The defendant also must choose whether to have a -jury trial or a bench trial at some point before the trial. If the defendant chooses bench trial, the Commonwealth may demand a jury trial. This is what we've been wading through all this sludge to get to. Depending on whether it is a bench trial or jury trial, the judge or jury will decide if the defendant is guilty or not guilty on each charge. if there is a jury verdict of guilty, the jury may also agree on a proposed punishment. Sometimes this is part of the trial, sometimes it comes later. Defendant usually will request a presentencing report by probation officer. The judge now sets the punishment, which may be less not more, than the jury has determined (if applicable). Terminology
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updated Thursday, September 7, 2000 3:34 PMQuestions and comments: insert <mailto>
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Lexington, Virginia 24450-0303
