Criminal FAQs
1. What is a warrant?
A warrant is the document which you receive from either the police or the Magistrate. This document tells you what you have been charged with and lists the Virginia Code section under which you have been charged. When you meet with an attorney you should bring this document with you so the attorney knows exactly what you have been charged with.
2. What is an arraignment?
The arraignment is your first court date. It is a hearing at which a judge will advise you that you have the right to have an attorney represent you, if you have been charged with a crime carrying a jail sentence. The Judge will ask whether you intend to hire an attorney or you wish to have an attorney appointed to represent you. If you are going to hire an attorney, the judge will have you sign a document which says that if you come to court without an attorney the judge can make you proceed without an attorney. The document you are signing is a waiver of your right to counsel, meaning you are agreeing to give up your right to have an attorney represent you if you come to court without one and you have not requested court appointed counsel.
3. What is a preliminary hearing?
If you are charged by a warrant with a felony, you are entitled to a preliminary hearing. This hearing is a hearing at which a judge must determine whether there is probable cause to believe that you have committed the crime that you are charged with committing. In order to establish probable cause the prosecution must prove it is more likely than not you have committed the crime with which you are charged. The easiest way to understand this concept is that the prosecution must prove it is 50.1 percent more likely than 49.9 percent less likely that the crime was committed and it was committed by the person charged with the crime. At the hearing, the prosecutor will question witnesses and your lawyer will have the right to cross-examine the prosecution witnesses in an effort to secure a dismissal of the case. This is, however, very difficult at this stage of the proceeding because the prosecutor does not have to prove very much. The Court decides the case taking the evidence in the light most favorable to the prosecution. If the prosecutor establishes probable cause, the judge will bind the matter over to the grand jury. That means that the grand jury will consider the case and decide whether the case should proceed to trial in the Circuit Court.
4. What is the difference between General District Court and Circuit Court?
General District Court is a court not of record, which means there are no court reporters. The Court has jurisdiction to hear trials on all misdemeanors, non-felonious traffic cases, preliminary hearings in felony cases and civil cases with a value of less than $15,000.00.
The Circuit Court is a court of record with the jurisdiction to hear trials on all felonies, appeals on all misdemeanors and traffic cases, all civil suits with a value of more than $15,000.00 and divorce, custody and visitation cases.
© 2011 Zweig & Associates, PC. This website may be considered AN ADVERTISEMENT, or Advertising Material, under the Rules of Professional Conduct governing lawyers in Virginia. This website is designed for general informational purposes only. The information presented at this site should not be construed to be formal legal advice, or relied upon or used to make decisions that could affect your legal rights or obligations. The information presented at this site does not form a lawyer/client relationship.
Zweig & Associates, PC represents clients throughout Northern Virginia, including, but not limited to Prince William County, The City of Manassas, The City of Manassas Park, the Town of Haymarket, Fauquier County, Loudoun County, the City of Leesburg, Arlington County, Stafford County, Fairfax County and the City of Alexandria
