Criminal Cases
Jurisdiction
The circuit court has appellate jurisdiction over all appeals from general district court in criminal cases and from juvenile and domestic relations district court in matters originating from that court. Appeals from these district courts are heard de novo, that is, these cases are tried from the beginning as if there had been no previous trial. The circuit court also has appellate jurisdiction over certain administrative agency appeals.
Grand Juries
The circuit court has the authority to impanel regular and special grand juries. A regular grand jury is composed of five to seven citizens of the county or city where the circuit court is located. It is convened at each term for the purposes of considering indictments prepared by the Commonwealth’s Attorney and to investigate and report concerning any condition that involves or tends to promote criminal activity. The grand jury only hears the Commonwealth’s side of the case and does not determine guilt or innocence.
Special grand juries are composed of seven to eleven citizens and are summoned by the circuit court to investigate and report any condition that involves or may involve criminal activity in the community, by any governmental authority, agency, or official thereof.
Representation of Counsel
All parties in circuit court cases have the right to be represented by counsel. This right may be waived however. Those who wish to hire their own attorney may do so. A list of local attorneys can be obtained by calling the Virginia State Bar Referral Service at 800-552-7977.
In all felony and misdemeanor cases that involve the possibility of a jail sentence, an indigent defendant may have a lawyer appointed by the Court. If the defendant is indigent and found guilty, the amount of the counsel fee is charged to the defendant as part of the courts costs and a judgment is entered against him or her.
Procedure
In a criminal case that involves a felony, the accused is usually arrested and brought before a magistrate. The magistrate will normally do one of two things.
He or she will either commit the accused to jail pending a hearing or release the accused on bail. A preliminary hearing is then held in the general district court to determine if there is probable cause to determine that the accused committed the crime charged.
If probable cause is found, the case is sent to the grand jury. If the grand jury finds probable cause and returns an indictment, the accused is held for trial in the circuit court. Following the indictment the accused is arraigned on the charges and he or she enters a plea of guilty, not guilty, or no contest. In misdemeanor cases appealed from district court, the preliminary hearing, the grand jury indictment and arraignment are not necessary. Also, when the accused is initially charged by the grand jury, no preliminary hearing is required. After arrest, the accused is arraigned.
Term Days
Term begins at 9:30 am on the 4th Monday in January, March, May, July, September and November of each year, except term days that fall on a federal holiday. If a term day falls on a holiday, then term day will be the first Tuesday of that month.
Criminal attorneys or pro se parties should contact the Commonwealth’s attorney to schedule your case for trial.
Case Information
Criminal case information can be obtained through the Virginia Judicial System website.
Criminal Online Payments
Pay Circuit Court obligations securely online.
Payment Plan Order
Pursuant to Virginia Code Section 19.2-354, the Court authorizes the Clerk of the Circuit Court of Middlesex County to establish and approve the conditions of all deferred or installment payment agreements, pursuant to following guidelines.
- 1. Applicability
- 2. Payment Agreements & Schedules
- 3. Alternate Payment Schedule
- 4. Community Service
- 5. Address Change
- 6. Good Behavior
- 7. Default
Whenever (i) a defendant, convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent in the case of a juvenile, is sentenced to pay a fine, restitution, forfeiture or penalty and (ii) the defendant is unable to make payment of the fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing, the defendant shall pay such fine, restitution, forfeiture or penalty and any costs which the defendant may be required to pay in deferred payments or installments.
It is the goal of the Court to see that fines, costs, and restitution are paid within a reasonable amount of time. Subject to the guidelines below, the defendant may establish either a deferred payment agreement or an installment payment agreement.
Deferred Payment Agreement
When a defendant has not previously entered into a deferred or installment payment agreement for an outstanding balance ordered to be paid to the Court, and the outstanding balance is $1,500 or less, the defendant may enter into a deferred payment agreement and will be allowed 6 months to pay the outstanding balance in full. Should the defendant fail to pay the outstanding balance as agreed, any subsequent agreement shall comply with Paragraph 2.B.ii.
Installment Payment Agreement
Initial Installment Payment Agreement
When a defendant has not previously entered into a deferred or installment payment agreement for an outstanding balance ordered to be paid to the Court, the installment payment schedule shall be as follows:
| Amount Owed | Minimum Monthly |
|---|---|
| Less than $1000 | $50 |
| $1000 to $1999 | $100 |
| $2000 and up | $200 |
Subsequent Installment Payment Agreement
When a defendant has previously defaulted on a deferred or installment payment agreement for the outstanding balance owed to the Court, the defendant will be required to make a down payment of a minimum of 10% of the outstanding balance or $250, whichever is less, before a new installment payment agreement is established. Once the down payment is made, the payment schedule shall comply with Paragraph 2.B.i.
In the rare or unusual case where there are extenuating circumstances, a defendant may petition the Court to establish an alternate payment schedule. Any alternate payment schedule is subject to the approval of the Court.
Fines & Costs
The defendant may discharge all or part of the fine or costs by earning credits for the performance of community service work before or after imprisonment.
Restitution
Community service is not authorized to discharge restitution.
A defendant who enters into an installment or deferred payment agreement shall promptly inform the court of any change of mailing address during the term of the agreement.
Pursuant to Virginia Code Section 19.2-357, a defendant who enters into an installment or deferred payment agreement shall be of peace and good behavior until the fine and costs are paid.
A defendant who fails to pay as ordered may be fined or imprisoned pursuant to Virginia Code Section 19.2-358 and his privilege to operate a motor vehicle will be suspended pursuant to Virginia Code Section 46.2-395.
View the written signed order (PDF).