Your rights in court  |  Types of cases  |  Criminal and Traffic  |  Civil Cases  |  Appeals

GENERAL DISTRICT COURT
  It is the court’s wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accord with the ideals of American justice.
  By law, the court must apply rules of procedure and evidence to each case it hears. These procedures are applied uniformly, without regard to personal considerations. The judge is sworn to enforce without favor the laws of the State and community, which are made by the people for the protection of all.
  The General District Court does not conduct jury trials. All cases in this court are heard by a judge. Jury trials are held only in Circuit Court, as provided by he State Constitution.
  The Code of Virginia defines criminal offenses and sets penalties. For many offenses the penalty prescribed is a fine. Fines collected for violations of city, town, or county ordinances are paid into the treasury of the city, town, or county whose ordinance has been violated. All fines collected for violation of State law are paid into the State Treasury. The amount of court costs is set by the State legislature, and the court cannot suspend or waive costs. Judges, clerks, and magistrates are salaried with public funds and they collect no individual fees. The court is not operated to produce revenue.

Why Are You In Court?
  You are appearing in court for one of the following reasons:
  You are a plaintiff because you filed a civil suit, or
  You are a complainant because you have caused criminal charges to be brought against someone, or
  You are a defendant because someone is suing you, or you have been charged with a traffic violation or a criminal offense, 
  You are a witness who has been called to testify.

Your Rights In Court
You have the right to retain and be represented by your own lawyer in all matters before the court. However, you may waive representation by counsel and represent yourself.

If you are charged with a crime for which the penalty includes the possibility of a jail sentence, and you state that you are indigent and cannot afford a lawyer, the judge will examine your financial status. Based on results of the examination, and your financial statement under oath that you cannot afford an attorney, the judge may assign an attorney to represent you, in which event the cost of such attorney may be incorporated as court costs, if you are found guilty. If you are the complainant in a criminal proceeding, the Commonwealth’s Attorney, who represents the State, will prosecute the case. You have the right to have the clerk’s office subpoena witnesses to appear on your behalf in court. You may ask for a continuance if you have good cause to have your case put off until a later date, thought the judge does not have to grant your request.

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Civil cases
The General District Court decides civil suits involving amounts of money up to $15,000. A suit is begun by filing a civil warrant or motion for judgment with the clerk of the court and paying a fee.

Criminal Cases
The General District Court decides cases in which a person is charged with a misdemeanor. A misdemeanor is any charge which carries a penalty of no more than one year in jail or a fine of up to $2,500.00 or both.

  The General District Court holds preliminary hearings in felony cases. Any charge which may be punishable by more than one year in jail is called a felony. Preliminary hearings in felony cases are held to determine whether there is enough evidence to justify holding the defendant for a grand jury hearing. The grand jury determines whether the accused will be indicted and held for trial by the Circuit Court.
  Each defendant in a criminal case is presumed innocent until proven guilty beyond a reasonable doubt. Upon consideration of evidence, the judge decides the question of guilt or innocence and on a finding of guilt determines which penalty, if any, is proper and lawful.

Traffic Cases
The General District Court hears cases in which a person is charged with a traffic offense. Most traffic offenses are traffic infractions. (Cases involving awards to individuals for damage in connection with traffic violations are civil in nature.) If you are convicted of certain traffic violations the Virginia Division of Motor Vehicles will assess points against your driver’s license. This is an administrative action by DMV and is in addition to any sentence imposed by the judge.

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  When your name is called, come forward with your lawyer, if you have one, and witnesses and stand before the bench.

  The charge will be read. If you do not understand the charge, ask the judge to repeat or explain.

  If you are asking for a continuance (postponement), do so now, and give your reason.

  You answer the charge by saying guilty or not guilty. If in doubt, you should plead not guilty. When you plead guilty, you admit that you broke the law as you were charged, and are agreeing to accept any penalty set by law and imposed.

If your plea is guilty:

  The judge may hear a brief statement from the officer, prosecutor or individual who brought the charge against you.
  Then the judge may ask you if you wish to make a statement. You may then say whatever you wish about what happened.
  The judge will find you guilty or not guilty and may sentence you.

If your plea is not guilty:
  The witness who bring evidence against you will be heard first. You or your attorney may cross-examine each witness.
  You may present witnesses on your behalf, but you do not have to testify yourself, unless you want to do so, when you are accused of a criminal charge.
  After your evidence is presented, witnesses against you may be heard again in rebuttal testimony.
  Then the judge will give his decision.

• 
  If you are found NOT guilty or, if the judge dismisses the case against you, or if the judge grants a motion not to prosecute, you are free to go.
  
• If you are found guilty, you must satisfy the sentence by:
  Paying fines and court costs in full to the clerk of the court if so ordered.
  Surrendering your driver’s license to the clerk if so ordered by the judge.

  Serving time in jail if so ordered by the judge.
  Comply with alternative sentence as ordered by the judge.

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Failure To Appear
  In criminal and certain traffic cases, if you fail to pre-pay the fine and costs (when allowed) and also fail to appear in court, a separate warrant may be issued against you on the new charge of failure to appear. You then will have to stand trial on that charge, as well as the original charge.

In Civil Cases
Very often a citizen has a valid claim which can be satisfied only by a legal proceeding but which may be too small in value to justify hiring a lawyer. The majority of these claims will be for less than $3,000.00. In Virginia, claims of this amount can be initiated only in General District Courts. Although these district courts can determine larger claims up to $15,000.00. The important thing to remember is that they are the only courts in Virginia where suits may be filed for claims of $3,000.00 or less. One procedural possibility should be noted: if the amount involved is greater than $3,000.00 and the defendant files an affidavit with the court indicating a substantial ground of defense, and if he also pays the accrued court costs, the judge will remove the action to a court of record, which is called a Circuit Court.

To get the person you want to sue (the defendant) into court, you must bring suit in one of the places authorized by law. The simplest rule is that you may bring suit in the city or county where the defendant lives, is regularly employed, or has a regular place of business.

You may also bring suit in the city or county where your cause of action arose (where the act on which your claim is based took place). If the defendant is a non-resident of Virginia, you may bring suit wherever the defendant can be found, or owns property within the state.

If you wish to sue a corporation, you may do so in the city or county in which either its principal office or registered agent is located. This information may be obtained from the State Corporation Commission located in Richmond, telephone 804-371-9733. A foreign corporation (one not originally incorporated in the State of Virginia) can be sued in the location where the statutory agent resides, or its registered office is situated, or, in case of withdrawal from the State, where its last statutory agent resided, or office was situated, or where it has any estate or debts owing to it within Virginia.

How Long Do You Have To Bring Suit
You cannot wait forever to bring your suit. The time you do have is determined by law depending on the nature of your claim. You must bring your action within the period known as a statute of limitations. While you may have 3 years to bring a claim on a contract, you should initiate your action as soon as possible because some claims have a much shorter time frame within which you must file your suit. Your action has been legally commenced when the necessary information has been filed with the officer who is going to issue your warrant and the required fee paid. This commencement will become void, however, if the warrant is not subsequently served upon the defendant and properly returned to the court.

How To Start Your Suit
The warrant is by far the simpler procedure. You simply go to either the clerk of the court, or to a magistrate, with the information about your case.

Basically this information consists of your name and address, the name and address of the person, business, or corporation you are suing, the amount of your claim, and the reason for your suit. You may bring your suit in a District Court by either a warrant or the traditional motion for judgment should note that the name of the person you are suing must be correct. With regard to obtaining the correct name of a business or corporation, you can obtain assistance from such sources as the Better Business Bureau, local Chamber of Commerce, and the State Corporation Commission.

If a subpoena is necessary in order to insure the presence of your witnesses, you should ask the clerk of the court, at least ten days in advance of the hearing day, for the subpoena. If you are a defendant and fail to answer a civil warrant, or fail to appear in court, a judgment may be granted against you by default. If you are a plaintiff, you should check with the clerk of the court to determine if your appearance is necessary.

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How Do I Get My Money?
  If your claim is against an established business, and you obtain a judgment against it, its owner will usually honor that judgment as a matter of course. In many cases, however, the person you have obtained judgment against will not pay you.
  If he has no assets, your judgment may be worthless, but if he does have assets, you can "execute" against him through further legal proceedings. You may request the clerk or the judge to issue a writ of fiery facias to collect your judgment. This writ creates a "lien" (or claim) on the defendant’s personal property. To satisfy your claim out of this personal property, you may then ask the sheriff to "levy" on particular items of which you notify the sheriff, or on all the property. You will be required to post a bond with the sheriff to enable him to seize and sell the property and pay to you the proceeds of the sale.
  The writ of fieri facias also creates a lien on property not subject to levy, i.e., wages or other debts owed to the defendant. You can execute this lien by garnishment of wages or debts subject to the limits of Virginia law.
  Another alternative open to you if you have obtained judgment and are not paid is to request that an abstract of judgment be provided to you for filing against this person in the clerk’s office of the Circuit Court. This creates a "lien" against any real property the person owns in that locality.

Appeals To The Circuit Court
  In criminal and traffic cases, whatever the plea and sentences, you may appeal to the Circuit court. You will get a jury trial unless affirmatively waived in the Circuit Court.
  If you wish to appeal your case to the Circuit Court, you must file a notice of appeal with the clerk of the General District Court within 10 days after the judgment or conviction by the General District Court.
  Civil cases involving amounts of more than $50 may be appealed to the Circuit Court, where you may ask for a jury trial. If you do not ask for a jury trial, the appeal will be heard by a Circuit Court judge. See the clerk of the General District Court about cost and bond requirements.

Legal Advice
  If you wish to hire your own attorney or obtain legal advice but do not know an attorney, you can obtain the name and telephone number of a local attorney from the Virginia State Bar Lawyer Referral Service by calling the following Toll-Free number: 800-552-7977 or 804-775-0808.
  Court employees will try to assist you, but they are not attorneys and cannot give out legal advice.

Other Trial Courts
  Juvenile and Domestic Relations District Court handles criminal and traffic violations by juveniles and serious internal family relations problems. Other sections of the court enforce the judges’ orders including probation and child support, and assist in finding temporary homes for children under court supervision.
  Circuit Court has exclusive jurisdiction over criminal felonies and civil cases involving more than $15,000, shares jurisdiction with the General District Court in civil cases involving between $3,000 and $15,000 and hears civil, criminal, and traffic cases appealed from lower courts.

Your Rights as a Victim
  As a victim of a crime in Virginia, you have certain legal rights and also certain obligations as a witness against the accused.
  As a witness to a crime, you must cooperate fully with Commonwealth Attorney’s office and testify in court if requested.
  As a victim you may seek compensation (payment) from the accused for your property and personal losses. You should seek the aid of your lawyer if you want to do this.
  Also you may qualify for compensation under the Virginia Crime Victims Compensation Act. To qualify for compensation under this act, you must show that a crime was committed which resulted in injury to you, and that you in no way contributed to this crime. You must also show that you reported the crime to the police not more than 48 hours after if happened, and cooperated fully with the police in their investigation of he crime. In addition, to qualify for compensation, you must show that your injury or loss caused you more than normal financial hardship making it impossible to keep your usual standard of living. You cannot receive compensation under this act if you have already been reimbursed (paid) by any other source such as insurance.
  To apply for compensation under the act, or for more information, you should contact the Division of Crime Victims Compensation Industrial commission of Virginia, P.O. Box 1794, Richmond, Virginia 23214, Telephone 804-786-5171