NORTHERN NECK OF VIRGINIA LAW PAGE
VIRGINIA COURTS SYSTEM and REPRESENTATION by COUNSEL
Site debut: 11/14/97

Which Court? When do I need a lawyer?           

     If you have been arrested for a traffic or criminal offense, you may choose to consult a lawyer regarding representation for those matters. You may proceed without an attorney if you choose. For individuals with qualifying income and asset levels, the Courts will appoint counsel if requested to do so. Persons who choose to hire counsel do so for a variety of reasons.

     In cases where jail sentences may be involved, an attorney is able to evaluate the individual case and provide legal advice on how to proceed. Persons who face felony criminal charges have a choice of (1) trial by jury, (2) trial by the presiding judge (bench trial), or (3) agreed disposition usually referred to as a plea bargain or a plea agreement. An attorney can help the person charged understand which of those choices is appropriate in each case, and can provide professional guidance through jury or bench trials, or negotiate terms of agreed dispositions..

     Adult misdemeanor crimes and traffic offenses are tried before the General District Courts; adult felony criminal charges are heard at the Circuit Court level. Adult felony charges which arise because of an arrest receive a determination of probable cause at the preliminary hearing which occurs at the District Court level. "Probable cause" means that probably a crime has been committed, and the defendant is probably the person who committed it. Click here for COURTS & CLERKS. Adult felony charges which arise because of a direct indictment proceed directly to Circuit Court disposition, because a Grand Jury has already determined that probable cause exists. Adult felony charges which are the subject of preliminary hearings in General District Court, if probable cause is determined, are certified from that Court go to the Grand Jury, which can issue indictments; those charges are then tried at the Circuit Court level. Circuit Courts' schedules are divided into terms of court, with Grand Juries meeting normally four times a year. A final decision in a misdemeanor or traffic case reached by the General District Court is appealable within ten days of the decision to Circuit Court. Appeals from Circuit Court decisions may be lodged with the proper appellate courts at the state level.

     Juvenile offenses and certain intra-family offenses are heard before the Juvenile & Domestic Relations Courts, which are District Courts. Under certain circumstances, juvenile offenders may be tried as adults; in those cases, the resolution of the matter will occur in Circuit Court. Click here for COURTS & CLERKS. Matters of child custody, child support and spousal support may be heard in the Juvenile & Domestic Relations Court, if jurisdiction resides there with reference to the particular case; matters involving custody and support may be also heard in the Circuit Court under certain circumstances. Matters such as truancy and other matters involving the needs of children are also heard in Juvenile & Domestic Relations Courts. Divorces are granted by the Circuit Courts in Virginia. As noted earlier, decisions in matters heard by the General District Courts or the Juvenile & Domestic Relations Courts may be appealed within ten days of the decision in the case to the Circuit Court. Appeals from the Circuit Court level may be lodged with the proper appellate court.

     Within the Commonwealth of Virginia it is necessary to have fines and costs paid within very short periods of time after a case is heard; within the District Courts, this time frame is ten days. Under exceptional circumstances, small extensions of time may be granted by the Court Clerk. An individual coming before the Court in Virginia should be aware of potential fines and costs and be prepared to make timely payments to avoid consequences such as (but not limited to) suspension of his or her privilege to operate a motor vehicle

     After criminal charges are brought, either by a law enforcement officer or by an individual complainant, the discretion to proceed no longer rests solely with the victim or the complainant in the case; whether or not to proceed is a decision made by the prosecutor or "Commonwealth’s Attorney." Click here for PROSECUTORS.

     If you have a civil litigation matter, you may choose to consult a lawyer or proceed on your own. Some civil matters are heard in General District Courts and some are brought in Circuit Courts, according to the jurisdiction of those courts. Click here for COURTS & CLERKS. Decisions in civil cases heard by General District Court may be appealed within ten days of the decision in the case to the Circuit Court. Appeals from the Circuit Court level may be lodged withthe appropriate appellate court at the state level.

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THANKS FOR YOUR VISIT! You are the most important person in the world to this web site. Come back often, and bring your friends and family... Take me to the Home Page! c1997-1998-1999-2000-2001-2002 -2003-2004-2005-2006 SG Rager unless otherwise noted herein.  Send e-mail to Webmaster here! THE NORTHERN NECK OF VIRGINIA LAW PAGE , online since 11/14/97 SUSAN GODMAN RAGER, P.C., ATTORNEY AT LAW VA-MD-DC, P. O. Box 117, Coles Point, VA USA 22442-0117.