WHAT IS A _________?
CRIMES
Felony
A
crime punishable by one year or more of confinement in the penitentiary (state
correctional system). (Examples: Burglary, Grand Larceny, Robbery, Malicious
Wounding)
Misdemeanor
A crime punishable by up to
twelve months in jail and/or up to a $2,500 Fine.
(Examples: Assault &
Battery, Trespass, Threatening Phone Calls)
COURTS
Circuit Court
All felony cases are tried in this court,
usually after a preliminary hearing in either the General District or Juvenile
and Domestic Relations Court. Misdemeanor appeals from both the General
District and Juvenile and Domestic Relations Courts are also heard by the
Circuit Court. The Circuit Court is a “court of record,” meaning that formal
written records or orders are kept regarding court proceedings. Circuit Court
judges are selected by the General Assembly for terms of eight years.
General District Court
All misdemeanor cases not involving juveniles or family members, including
traffic cases, are tried in this court. This court also conducts preliminary
hearings in felony cases. General District Court judges serve six year
terms.
Juvenile & Domestic Relations Court
All cases involving
juveniles or family members (whether they are victims or defendants) are tried
in this court. J&DR Courts also conduct preliminary hearings in felony cases
involving juvenile defendants, felonies committed by one family member against
another, or committed against juveniles by adults.
COMMONLY USED
TERMS/DEFINITIONS
Arraignment
An initial court appearance, during which
the defendant is formally accused of a crime. The judge also reviews
conditions of bond and appoints a defense attorney if the defendant is
indigent.
Bail
Pretrial release of a person from
custody, based on certain conditions specified by a magistrate or judge.
Bond
The posting by a person
(or his/her bondsman) of a written promise to pay a specific amount as a
condition of bail. A bond may be secured or unsecured.
Capias
A
document issued by the General District Court or the Juvenile & Domestic
Relations District Court for the arrest of a person, usually for failing
to appear in court when he/she was ordered to do so.
Commonwealth’s Attorney
The prosecutor. A lawyer
elected by the people to prosecute criminal and traffic cases.
Continuance
The postponement or delay of a court hearing until a later date.
Defendant
The person charged with committing a crime.
Dismissal
A
court’s decision to drop the charges against the defendant; the defendant may
be found not guilty, or the case may be ended for legal or other reasons.
Grand Jury
A
group of five to seven citizens, selected by the Circuit Court judges, whose duty is the hear the
Commonwealth’s evidence in criminal cases and decide if a trial should take
place in the Circuit Court. Decisions are made by majority vote. The only
person who testifies before the Grand Jury is the law enforcement officer
involved in the case.
Indictment
A
document which formally accuses a person of a crime, usually a felony. A bill
of indictment is prepared by the Commonwealth’s Attorney and presented to the
grand jury, which decides whether to return them as “a true bill” or “not a
true bill.” If returned as a true bill, the defendant will go to trial on the
charge listed in the indictment. Most indictments result from arrest
warrants, but the Commonwealth’s Attorney can also prepare a “direct
indictment” which bypasses the District Court proceedings.
Jury
A
group of 12 citizens, randomly selected, who determine the guilt or innocence
of a defendant. During jury selection, both the prosecution and defense are
entitled to ask questions (“voir dire”) of the jury and to eliminate certain
jurors. A jury’s decision to convict a defendant must be unanimous, and in
Virginia, the jury also recommends a sentence in cases where a guilty verdict
is returned.
Magistrate
A
judicial officer authorized to issue arrest warrants and search warrants based
on evidence presented by a law enforcement officer or an individual. The
magistrate is also authorized to set bail and related conditions, and may
issue emergency protective orders.
Nol Pros (“nolle prosequi”)
A
prosecutor’s decision with agreement by the court to discontinue proceedings.
The charges are not dismissed, and the prosecution reserves the right to
reinstate charges at a later time.
Plea Agreement
Many criminal cases are disposed of through a process of “plea bargaining”
rather than trial. In these cases, the defendant agrees to plead guilty to
the charge or to a lesser charge
Preliminary Hearing
A court event during which the prosecutor
presents evidence to a judge, who must decide if there is “probable cause.”
The defendant, defense attorney, prosecutor, and any victims or witnesses
subpoenaed are present. If probable cause is found, the case is “certified” to
the Grand Jury.
Presentence Investigation (PSI)
A
background report on a convicted person, prepared by a probation officer and
submitted to the judge before sentencing. The report details past behavior,
any prior criminal record, family background, education, employment, and
health issues. Information is also provided about the crime. The PSI is used
by a judge to assist in making a decision regarding sentencing the defendant.
Probable Cause
Reasonable grounds to believe that a crime has been committed and that the
person who has been charged committed the crime.
Protective Order
A legal document issued by
a court to help protect the health and safety of a victim of domestic violence
or stalking. The protective order prohibits a person from having contact
with the victim for a specific period of time. There are three types of
protective orders in Virginia: emergency protective order (lasts
seventy-two hours), preliminary protective order (lasts for fifteen days); and permanent
protective order (lasts up to two years). Although protective orders are
civil remedies, violating a protective order is a criminal offense.
Recognizance
Release from custody based on a signed commitment or promise of a person to
appear in court as directed.
Restitution
Money ordered by a court to be paid back to a victim by the defendant.
Restitution is not the same as “court costs” or a fine, which are paid to the
Clerk of the court.
Sentencing Hearing
A
hearing during which a judge reviews a Presentence Investigation Report and
victim impact statements, and makes a decision about the defendant’s
sentence. In Trial by Jury cases, the judge reviews the jury recommendation;
the judge may also hear testimony concerning the defendant, the crime, and the
victim.
Subpoena
A
legal document which requires someone to be present in court at the time and
place stated. Usually delivered by a deputy sheriff.
Trial
A
hearing process to determine the guilt or innocence of the defendant. It may
be a Trial by Jury or a Trial by Court (a judge).
Victim Impact Statement
A
written statement or letter prepared by the victim in a criminal case and
submitted to the judge prior to the sentencing of a defendant. In the
statement, a victim describes how the crime affected him/her (or the family),
-- psychologically, financially, socially, and/or physically.
Warrant
A written, legal order authorizing a law
enforcement officer to make an arrest (or to perform a search). In the
Circuit Court, a "bench warrant" is analogous to the capias that is issued in
the lower courts.
.htm_txt_skyline_cmp.gif)
