VIRGINIA CRIMINAL PROCESS OVERVIEW

Keeping it simple, lets start at the beginning:

1.             Arrest – Occurs by warrant or on-view arrest. A magistrate determines probable cause and bond.

2.             Bond Hearing (If Needed) – May occur in General District or Circuit Court. The Court considers risk of flight, danger to the community, criminal history, and nature of offense.

3.             Arraignment (General District Court) – The charge is read, counsel confirmed, and dates are set.

4.             Pretrial Hearings – May include bond review, continuances, and scheduling matters.

5.             Felony Cases – Preliminary Hearing – This is not a trial. The judge determines whether probable cause exists to send the case to the Grand Jury. If certified, the case proceeds to Circuit Court.

5A. Misdemeanor Cases – Trial – There is no preliminary hearing. The case proceeds directly to trial in General District Court. The judge determines guilt or innocence. A conviction may be appealed within 10 days for a new trial in Circuit Court.

6.             Grand Jury (Felonies) – The Commonwealth presents evidence. If a True Bill is returned, an indictment issues.

7.             Circuit Court Arraignment – Formal arraignment on indictment and trial date set.

8.             Pretrial Motions – May include motions to suppress, dismiss, or exclude evidence.

9.             Trial (Circuit Court) – Bench trial (judge decides) or jury trial (jury decides guilt and may also recommends sentence).

10.          Sentencing (If Convicted) – May include incarceration, suspended time, probation, fines, and treatment requirements.

Alternative: Direct Indictment – In some cases, the Commonwealth presents directly to the Grand Jury without a preliminary hearing. The case then starts with #6, Grand Jury, and proceeds onward in Circuit Court.

Key Criminal Defense Terms - Motion for Discovery

A Motion for Discovery is a formal request asking the Court to require the Commonwealth to provide evidence in its possession.

This may include:

•       Police reports

•       Body camera or dash camera footage

•       Laboratory results

•       Witness statements

•       Criminal history of witnesses (when applicable)

•       Exculpatory evidence (evidence favorable to the accused)

Discovery allows the defense to understand the evidence, evaluate strengths and weaknesses in the case, and prepare motions, negotiations, or trial strategy.

Motion to Suppress

A Motion to Suppress asks the Court to exclude certain evidence from being used at trial because it was obtained in violation of constitutional rights.

Common grounds include:

•       Illegal search or seizure (Fourth Amendment)

•       Improper traffic stop

•       Lack of probable cause

•       Unlawful interrogation or Miranda violations (Fifth Amendment)

If granted, the suppressed evidence cannot be used against the defendant. In some cases, suppression significantly weakens or ends the prosecution.

Need information on how this stuff applies to your case? Need criminal representation in Southern Virginia? Reach out to Rouleau Law at 434-214-6959.

All information in this blog post is for advertisement and educational purposes only. Not intended as legal advice. Seek legal representation in your state by a licensed attorney for legal advice.