The Virginia Court Process: A Step-by-Step Guide for Defendants and Families

If you or someone you love is facing criminal charges in Virginia, the court process moves felony cases through two different courts before trial, parole was abolished in 1995 so the sentence imposed is essentially the sentence served, and juries in Virginia can sentence a convicted defendant in non-capital felony cases, giving the defendant a meaningful choice at the punishment stage. I have been through the system myself, and most of the fear comes from not knowing what each step is for. So let me walk you through the Virginia criminal court process one stage at a time, in plain language. None of this is legal advice, and every case and county is different, so treat it as a map and lean on a lawyer for the turns.

Start with how Virginia organizes its courts. General District Courts handle misdemeanors and serve as the entry point for felony cases. Misdemeanor cases are tried in General District Court in front of a judge only, with no jury; defendants who want a jury must appeal to Circuit Court for a completely new trial. Circuit Courts are the felony trial courts, organized across 31 judicial circuits covering Virginia's independent cities and counties. Circuit Courts also hear misdemeanor appeals from General District Court as entirely new trials. Above the trial courts, the Court of Appeals of Virginia is the intermediate appellate court; in 2021, its jurisdiction was significantly expanded so that now all criminal convictions may be appealed to the Court of Appeals as a matter of right. Above that sits the Virginia Supreme Court.

Step one: arrest and the initial appearance

It begins with arrest and booking, where the charges are recorded, fingerprints and a photo are taken, and the jail runs its checks. The Commonwealth of Virginia, represented by the commonwealth's attorney (Virginia's term for the county or city prosecutor), brings the case. The accused is the defendant, and the defense attorney represents them. After arrest, the defendant appears before a General District Court judge for an initial appearance, where the charges are reviewed, bail is set, and counsel is appointed if the defendant cannot afford one.

Step two: the preliminary hearing and the grand jury

Virginia uses two-stage charging for felonies. After the initial appearance, the defendant appears in General District Court for a preliminary hearing. The preliminary hearing is not a trial. The commonwealth's attorney presents evidence to show that there is probable cause to believe a crime was committed and that the defendant committed it. If the General District Court judge finds probable cause, the case is certified to the grand jury in Circuit Court. If probable cause is not found, the felony charge may be dismissed or reduced to a misdemeanor. The defendant may waive the preliminary hearing.

The grand jury in Virginia is composed of five to seven citizens and is impaneled in Circuit Court. It reviews the evidence presented by the commonwealth's attorney and decides whether to issue a true bill, which is the formal indictment, or a no bill, which ends the prosecution on that charge. The grand jury proceedings are private; the defendant and defense counsel do not attend. In almost all cases the grand jury returns a true bill.

Virginia also allows direct indictment, a path that bypasses the General District Court entirely. When a commonwealth's attorney direct indicts a case, the grand jury considers the charges without any preliminary hearing in district court, and the defendant first appears in Circuit Court when the indictment is returned. This is used in serious cases and when speed is important.

Step three: arraignment in Circuit Court

After indictment, the defendant is arraigned in Circuit Court. The charges in the indictment are formally presented, the defendant receives a copy, and the defendant enters a plea: guilty, not guilty, or no contest. Most defendants plead not guilty at this stage, which is the normal, expected move that preserves every right and forces the Commonwealth to prove its case.

Step four: pretrial, discovery, and motions

After arraignment the case enters the pretrial phase. Both sides exchange evidence through discovery. The defense can file motions to suppress evidence, motions to strike the evidence, and other pretrial challenges. Courts hold hearings on these motions and the judge rules on them. Virginia Circuit Courts are also known for moving cases relatively quickly through the pretrial phase. Most Virginia felony cases are resolved through plea agreements rather than trial. Whether to accept a plea is entirely the defendant's decision. A good lawyer lays out the real risks and the real options so the defendant can choose with clear eyes. There is no shame in choosing to fight or in choosing a resolution that protects your future, as long as the choice is informed.

Step five: trial in Circuit Court and jury sentencing

If the case does not resolve, it goes to trial in Circuit Court. The defendant may choose a jury trial or a bench trial before the judge alone. A felony jury in Virginia consists of twelve members who must reach a unanimous verdict. Trial moves through jury selection, then opening statements, the Commonwealth's case, the defense case, closing arguments, and the verdict. The Commonwealth must prove guilt beyond a reasonable doubt. The defendant does not have to prove innocence and does not have to testify.

Virginia is one of the few states that historically allows juries to set the sentence in non-capital felony cases. If the defendant chooses a jury trial and is found guilty, the jury that decided guilt also hears evidence during a separate sentencing phase and recommends a sentence within the statutory range. The judge must impose a sentence consistent with the jury's recommendation but has limited discretion to go below it in some circumstances. If the defendant chooses a bench trial or pleads guilty, the judge imposes the sentence.

Step six: Virginia's six felony classes and the end of parole

If there is a guilty verdict or plea, the case moves to sentencing. Virginia classifies felonies into six classes. Class 1 felonies, including capital murder, carry the most serious penalties: a Class 1 defendant who is an adult and not mentally incompetent may face the death penalty; all Class 1 convictions carry life imprisonment and a fine of up to $100,000. Class 2 felonies carry 20 years to life and a fine of up to $100,000. Class 3 felonies carry 5 to 20 years and a fine of up to $100,000. Class 4 felonies carry 2 to 10 years and a fine of up to $100,000. Class 5 and Class 6 felonies are wobblers in Virginia: a Class 5 conviction may be punished as either a felony carrying 1 to 10 years or, if the court so determines, as a misdemeanor carrying up to 12 months. A Class 6 conviction may be punished as a felony carrying 1 to 5 years or, similarly, as a misdemeanor.

Virginia abolished discretionary parole in 1995 for felonies committed on or after January 1 of that year. This means that a defendant convicted of a qualifying felony must serve at least 85 percent of the sentence before being eligible for any form of release through earned sentence credits. Earned credits may reduce the remaining 15 percent of the sentence, but they cannot reduce the 85 percent floor. What the judge or jury says at sentencing is essentially what will be served, which is why Virginia's sentencing is so consequential. Judges consult advisory sentencing guidelines produced by the Virginia Criminal Sentencing Commission, which take into account the offense and the defendant's prior record. The guidelines are advisory; judges may depart but must state their reasons.

Step seven: appeals

A conviction is not always the end of the road. The Court of Appeals of Virginia received a major expansion in 2021. Before that expansion, only certain categories of criminal cases could be appealed to the Court of Appeals as a matter of right. Since the expansion, all criminal convictions from Circuit Court may now be appealed to the Court of Appeals as a matter of right. From the Court of Appeals, a party may seek discretionary review by the Virginia Supreme Court. Deadlines run quickly after sentencing, so anyone considering an appeal needs to tell their lawyer right away.

A cursory look at the federal court process in Virginia

Everything above describes the Virginia state court system, which handles the overwhelming majority of criminal cases. Some cases, though, are charged as federal crimes and move through an entirely separate system worth understanding in outline.

Virginia is divided into two federal judicial districts. The Eastern District of Virginia covers roughly the eastern half of the state, including Northern Virginia, the Hampton Roads area, and the Richmond metropolitan area. Its courthouses include the Albert V. Bryan United States Courthouse in Alexandria, the Walter E. Hoffman United States Courthouse in Norfolk, and courthouses in Richmond and Newport News. The Eastern District, established on September 24, 1789 as one of the original federal courts, is known nationally as the Rocket Docket because of the speed with which it moves cases from indictment to trial; it is consistently one of the fastest federal trial courts in the country. The Western District of Virginia covers the western half of the state, including the Shenandoah Valley, Blue Ridge, and Southside Virginia. Its main courthouse is the Richard H. Poff Federal Building in Roanoke, with additional locations in Charlottesville, Harrisonburg, Lynchburg, Abingdon, Big Stone Gap, and Danville.

The federal sequence covers the same broad ground you read about above but with its own rules and players. After a federal arrest, the defendant has an initial appearance before a United States magistrate judge, with detention or release decided under the federal Bail Reform Act. There is no General District Court preliminary hearing in the federal system. Federal felony charges are brought by indictment from a federal grand jury. Federal sentences are calculated under the United States Sentencing Guidelines; sentences are served in federal prison, and there is no parole in the federal system. There is also no jury sentencing in federal court; the judge imposes the sentence.

If a federal case in Virginia ends in conviction and is appealed, it does not go to the Court of Appeals of Virginia or the Virginia Supreme Court. It goes to the United States Court of Appeals for the Fourth Circuit, headquartered in Richmond, Virginia, at the Lewis F. Powell Jr. United States Courthouse. Notably, the Fourth Circuit is based in the same city as Virginia's state capital; it covers Maryland, North Carolina, South Carolina, West Virginia, and both federal districts of Virginia. From there the only further step is the United States Supreme Court.

Where this leaves you

The Virginia court process has three things families need to hold onto from the start. First, felony cases move through two courts before trial, General District Court and then Circuit Court. Second, parole was abolished in 1995, so the sentence at the end of the case is the sentence that will be served, minus up to 15 percent for earned credits. Third, if the case goes to a jury trial, the jury may also set the sentence. Knowing the sequence, initial appearance, preliminary hearing, grand jury, Circuit Court arraignment, pretrial, plea or jury trial, sentencing, and appeal, lets you follow the case instead of feeling lost in it. Get a lawyer involved as early as you can, keep one page with the charges, the court, the next date, and your attorney's contact information, and stay close to your loved one through it. The system is built to make people feel alone. Knowing the map is how you push back against that.