The Virginia Criminal Process — Step by Step

A criminal case in Virginia moves through a series of stages from arrest to resolution. Understanding each stage — and the decisions that must be made at each one — helps you avoid the mistakes that can affect the outcome.

A criminal case begins with an arrest — either with a warrant issued by a judge based on probable cause, or without a warrant when an officer witnesses a crime or has probable cause to believe a Felony has been committed §19.2-81. Officers may arrest without a warrant for felonies on probable cause, misdemeanors committed in their presence, and certain designated offenses including assault and battery of a family or household member (§19.2-81.3).

At the moment of arrest, your constitutional rights attach:

• You have the right to remain silent
• You have the right to an attorney
• Anything you say can and will be used against you

After arrest, you are booked (photographed, fingerprinted, personal information recorded) and brought before a judge or magistrate for an initial appearance.

At the initial appearance, the judge:

• Informs you of the charges
• Advises you of your rights, including the right to counsel
• Sets bail or conditions of release
• Appoints counsel if you cannot afford an attorney

A person held in custody pending trial shall be admitted to bail unless there is probable cause to believe he will not appear or that his liberty will constitute an unreasonable danger to himself, family or household members, or the public (§19.2-120); whether the person is likely to obstruct justice is one of the factors the judicial officer weighs. Defendants may enter a plea of nolo contendere with court consent. A defendant may proceed pro se after a knowing and voluntary waiver of counsel.

Bail is the mechanism that allows you to be released from custody while your case is pending. The amount and conditions are set by the judge based on:

• The seriousness of the charges
• Your criminal history
• Flight risk (ties to the community, employment, family)
• Public safety considerations

Violating bail conditions — including no-contact orders, curfews, drug/alcohol restrictions, or travel limitations — can result in immediate arrest and revocation of bail.

Depending on the charge and the jurisdiction, the next step may be a grand jury indictment or a preliminary hearing. Both serve to determine whether there is sufficient evidence (probable cause) to proceed with formal charges.

• [def:grand jury|Grand jury]: A group of citizens reviews evidence presented by the prosecution and decides whether to issue an indictment. The defense does not participate in grand jury proceedings.
• [def:preliminary hearing|Preliminary hearing]: A judge reviews evidence in an open hearing where the defense can cross-examine witnesses. This hearing may reveal the strength of the prosecution's case.

At Arraignment, the formal charges are read, and you enter a plea:

• Not guilty — Preserves all options and is the standard plea at this stage
• Guilty — Waives your right to trial and proceeds to sentencing
• [def:nolo contendere|Nolo contendere (no contest)] — Available in Virginia. Has the same effect as a guilty plea for criminal purposes but cannot be used as an admission of liability in a related civil lawsuit

After arraignment, both sides exchange evidence (discovery). The defense may file pretrial motions, including:

• Motion to suppress — Asking the court to exclude evidence obtained through illegal searches, coerced confessions, or other constitutional violations
• Motion to dismiss — Arguing that the charges should be dropped due to insufficient evidence, procedural defects, or violations of the defendant's rights
• Motion for change of venue — Requesting the trial be moved if pretrial publicity has made a fair trial impossible in the current jurisdiction

The vast majority of criminal cases — approximately 90-95% — resolve through plea negotiations rather than trial. Plea bargaining may result in:

• Reduced charges (e.g., felony reduced to misdemeanor)
• Dismissed counts (if multiple charges)
• Agreed-upon sentencing recommendations
• Diversion or deferred adjudication programs

A plea is a serious decision that should only be made after reviewing all the evidence and understanding the consequences. You have the right to reject any plea offer and proceed to trial.

If the case proceeds to trial, the prosecution must prove guilt beyond a reasonable doubt. In Virginia, a criminal jury consists of 12 members who must reach a unanimous verdict.

The trial proceeds in this order:

If convicted — by plea or verdict — the court imposes a sentence within the statutory range for the offense classification. Sentencing may include:

• Incarceration (jail or prison depending on the offense level)
• Probation §19.2-303 et seq. — No statutory maximum — probation period is set by the court and may extend to the maximum period of incarceration for the offense. Supervised and unsupervised probation available.
• Fines and court costs §18.2-10 et seq.
• Restitution to victims
• Community service
• Mandatory programs (substance abuse, anger management, etc.)

Virginia does not set a fixed number of days §19.2-243. Virginia's speedy trial clock runs in months, not days: for a felony, trial must commence within five months of the district court's probable cause finding if the accused is held continuously in custody, or within nine months if he has been recognized for his appearance (§19.2-243). The same five-month (in custody) and nine-month (on recognizance) limits govern a trial de novo in circuit court on appeal from a misdemeanor or traffic infraction conviction, measured from the date of conviction or certification. Failure results in discharge from prosecution. Certain exclusions apply (continuances, competency evaluations, appeals).