What Do You Do If You Are On Trial For a Crime in Virginia?

In the Commonwealth of Virginia, persons charged with criminal offenses are typically notified at the point of arrest or via a court summons. Upon arrest, the accused is required to attend a preliminary hearing. The offense class generally determines the court where the person charged with the offense appears. However, preliminary hearings are typically held in the District Court.

In some cases, a bond hearing is held before a first appearance or preliminary hearing. At the bond hearing, the magistrate considers the accused’s criminal history and other factors to determine whether they are eligible to be released on bail. If bail is granted, it may be revoked if the party involved violates the bond’s conditions.

At the preliminary hearing, the judge informs the arrested or indicted person of the charges or indictments and the rights the law provides. Alleged criminals have the right to an attorney, especially where the offense is punishable by imprisonment. The court may appoint an attorney for persons who cannot afford to hire one.

Also, at the preliminary hearing, the court determines whether sufficient evidence exists for a trial. If the court determines that there is enough evidence, the case may be moved to trial. In Virginia, the Circuit Court hears felony cases, while the District Court hears misdemeanor cases.

What Percentage of Criminal Cases Go to Trial in Virginia?

In 2017, the Supreme Court of Virginia received 1,782 petitions filed, out of which the court decided 1,697 cases. The number of decided cases decreased by 15.1% between 2013 and 2017, while the number of petitions filed reduced by 13.1%. In the Court of Appeals, 2,104 cases were filed in the year 2017, a 14.9% decrease from the number of cases filed between 2013 and 2017.

In 2020, Circuit courts in Virginia received 108,940 criminal case filings, a 24% decrease from the 188,019 filings in 2019. Of the cases filed in 2020, 105,195 dispositions were recorded, a 25% decrease from the previous year. 

Virginia General District Courts have recorded 1,287,067 criminal case filings and 1,199,978 dispositions. Criminal offenses comprise 15.1% of the District Court caseload and 14.9% of the case dispositions.

When Does a Criminal Defendant Have the Right to a Trial?

The Virginia Constitution (Article 1 Section 8) provides that all persons charged with criminal offenses have the right to trial. If a person is charged with a criminal offense in Virginia, the person has the right to know the nature and cause of the alleged violation. Additionally, the person has a right to confront the accusers and witnesses in court and present evidence that disproves the criminal charges. The alleged offender cannot be found guilty in Virginia without a unanimous jury verdict. A jury typically comprises no more than 12 and no fewer than five (5) members.

Any person charged with a criminal offense in Virginia may waive the right to a jury trial. The right of an accused person to a fair and speedy trial comes into play at the arraignment. At the arraignment, the criminal charges are read aloud to the accused person (Va. Code § 19.2–254). The accused person may then plead guilty, not guilty, or no contest. If the accused person enters a guilty or no contest plea, and if the accused enters a plea deal, the case may not go to trial.

What are the Stages of a Criminal Trial in Virginia?

Criminal Trials in Virginia are in the following stages:

• Opening arguments
• Witness testimonies
• Cross-examination of witnesses
• Evidence presentation
• Closing arguments
• Jury charge
• Jury verdict
• Sentencing hearing

How Long Does it Take For a Case to Go to Trial in Virginia?

Trial timelines vary depending on the severity of the offense, the processes involved in the case, and, sometimes, the court’s schedule. Some processes, such as discovery, may take more time than others. Additionally, continuances or adjournments may increase trial timelines.

Generally, misdemeanors take about three to four months to go to trial, while felony cases take longer. Most felony cases take no less than six months to go to trial, and some take up to 12 months.

What Happens When a Court Case Goes to Trial in Virginia?

Depending on the nature of the offense and the defendant’s preference, criminal case trials may be jury or bench trials. At jury trials, a panel of no more than 12 randomly selected citizens decides the verdict and sentence in a case. Bench trials, on the other hand, involve only judges.

After all pre-trial motions, such as discovery and deposition, are complete, criminal case trials begin with opening statements from the defendant’s attorney and the Commonwealth’s attorney, who serves as the prosecutor. Witness testimony and direct examination follow opening statements. Here, the defense and prosecution witnesses provide testimonies and are directly examined. After direct examination, the defense and the prosecution cross-examine each other’s witnesses.

The prosecution and defense present evidence and deliver closing arguments. At jury trials, the jury goes into deliberation after the closing arguments and delivers a verdict. At bench trials, the judge delivers a sentence after considering all the facts of the case. In Virginia, sentence hearings differ from trials; in some cases, sentence hearings hold long after the trial.

Can You Be Put on Trial Twice for the Same Crime in Virginia?

No, a person cannot be tried twice for the same crime in Virginia. Article 1 Section 8 of the Virginia Constitution protects accused persons against double jeopardy. It states that anyone charged with a criminal offense cannot be put in jeopardy twice for the same crime, and the person cannot be required to provide self-incriminating evidence. Va. Code § 19.2–294 protects Virginia defendants against dual or concurrent prosecution. As such, if an action constitutes an offense under more than one criminal statute, it may only be tried under one. However, if a criminal act constitutes an offense under common law and statutory law, it may be tried as two separate offenses.

The United States Constitution (U.S. Const. amend.V) also offers provisions against double jeopardy. However, if a criminal act violates the laws of more than one sovereign body, such as two different states, the act may be tried in the separate sovereigns.

How Do I Lookup a Criminal Court Case in Virginia?

The Virginia Freedom of Information Act guarantees public access to court records. Interested parties may obtain criminal court cases by visiting the court’s record custodian where the case was heard. It is also possible to lookup criminal court cases through government websites such as the Circuit Court Case Information and General District Court Online Case Information System, and third-party websites.

How to Access Electronic Court Records in Virginia

The Virginia Judicial System provides electronic access to court records through the Circuit Court Case Information system and the General District Court Online Case Information System. The systems allow users to search criminal records using:

• Hearing date
• Case number
• Case name
• Name of Court
• Case division

The electronic access systems do not provide information about detention and protective orders, medical emergency custody, and involuntary commitment.

Public Virginia criminal records are also accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals can perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

How Do I Remove Public Court Records in Virginia?

Interested parties may remove public court records through expungement or sealing. In Virginia, expungement is the same as sealing. Expunged records are restricted from general access and may only be obtained through a court order.

There are very few provisions for expungement in Virginia. A party may apply for expungement if:

• The defendant was wrongfully charged.
• The charges against the defender are dismissed or not prosecuted.
• The offender is granted a pardon for a wrongful conviction.
• The defendant’s name or identification is used without consent or wrongly used.

Parties interested in expunging criminal records may file a petition at the court where the case was heard. The petitioner is expected to file their application alongside case files such as summons, indictment, and warrants. Only the court can grant an order of expungement.