Frequently Asked Questions
Appointments
Types of Hearings
Types of Offenses
Subpoenas / Witnesses / Appearances in Court
Reimbursements / Restitution
Bond Hearings
Crimes Committed
Sentences
Questions Commonly Asked by Defense Attorneys
APPOINTMENTS:
- I would like to meet with someone in the Commonwealth's Attorney's Office. How do I go about doing this?
- Each attorney in our office schedules his/her own appointments.
Please contact that person in our office. If you are a Defendant in
a case, our office cannot speak with you. You will need to have
your Counsel of Record contact our office.
TYPES OF HEARINGS:
- What is a Preliminary Hearing?
- A Preliminary Hearing is a General District or Juvenile & Domestic Relations Court
hearing to determine, in the case of a felony, if there is sufficient evidence for the
Judge to certify the case to the Grand Jury (Circuit Court). If the offense is a
misdemeanor, the case will be tried without a preliminary hearing.
- What is the Grand Jury?
- The Grand Jury is a panel of private citizens who meet at quarterly to hear evidence,
from the Commonwealth's witnesses, to determine if there is sufficient cause to bring the
accused to trial in Circuit Court.
- What is Circuit Court?
- Circuit Court is where the Defendant is found guilty or innocent. If the Defendant
pleads guilty, most likely a Plea Agreement will be entered. If the Defendant pleads
not guilty, he/she will either be tried before a Judge or before a Jury. Victims and
witnesses must appear at these trials. If found guilty, the Defendant may be sentenced
at that time or at a later date if a pre-sentence report is requested.
- What is a Plea Agreement?
- A Plea Agreement is when the Commonwealth and the Defendant
have entered into an agreement as to what is the appropriate
punishment given the facts and circumstances of each case.
- What is a Pre-Sentence Report?
- A Pre-Sentence Report is a report prepared Probation & Parole. It
affords the Circuit Court the opportunity to review the Defendant's
background and prior criminal record in determining the appropriate
sentence of the Defendant.
TYPES OF OFFENSES:
- What is a misdemeanor offense?
- A misdemeanor offense is a crime with a punishment of up to 12
months in jail and/or a fine up to $2,500.00.
- What is a felony offense?
- A felony offense is a crime which carries a possible sentence of one
(1) year or more in the Virginia Department of Corrections.
SUBPOENAS / WITNESSES / APPEARANCES IN COURT:
- What is a subpoena?
- Sometimes called a summons, this is a Court order which directs you
to be present in Court at a particular time and place.
- What do I do if I am subpoenaed as a witness and I have a question?
- If you have been subpoenaed as a witness and have a question, please contact the Court,
the person who subpoenaed you or our office.
NOTE: Never take it upon yourself to not appear if you have been subpoenaed to
appear in Court. A subpoena is like a Court order, and if you do not comply,
there could be repercussions.
- I will be appearing in Court either as the victim or as a witness.
How do I need to dress?
- Dress neatly. Preferably no shorts, cut-off's or halter tops. For men,
nice casual slacks, shirt and closed-toe shoes are acceptable. For
women, nice casual slacks, shirt/blouse, skirt, dress are acceptable.
Believe it or not, but attire does make an impression.
- I have been subpoenaed to Court. Where do I go?
- Below is a list of locations for each Court:
| General District Court (Christiansburg) |
Mont. Co. Courthouse |
2nd Floor |
| Juvenile & Domestic Relations District |
Mont. Co. Courthouse |
3rd Floor |
| Circuit Court |
Mont. Co. Courthouse |
4th Floor |
| General District Court (Blacksburg) |
Blacksburg Municipal Bldg.
300 S. Main Street
Blacksburg VA
|
Please double check your subpoena as to which Court your subpoena
was issued from so that you will appear in the correct Court.
- I am the defendant / victim and I cannot remember when my case
will be heard. Who do I contact?
- You will need to contact the appropriate Clerk's Office. Provide them
with the Defendant's name and they can tell you when the case is set.
If you are the Defendant, you need to first contact your Counsel of Record
and if he is not available, you may contact the appropriate Clerk's Office.
- Once I am in the Courtroom, can I leave?
- Once you are in the Courtroom, it is best to remain there. Do not
leave unless it is absolutely necessary. Generally, cases are called as
printed on the docket posted outside the Courtroom. However, there
are occasions when cases are skipped or called out of order due to
scheduling or other circumstances. The Court will take recesses, at which time
you may leave the Courtroom.
REIMBURSEMENTS / RESTITUTION:
- I am the victim in a case. I have medical bills, lost wages, etc…
How do I recover these expenses?
- Please contact our office and speak with Victim-Witness. They will
assist you with restitution, medical expenses, lost wages, etc…(refer
to our Web Page regarding our Victim-Witness Program).
- I was ordered to pay restitution, court costs, etc… and I cannot make
any payment/I cannot make a regularly scheduled payment. What should I do?
- You need to contact the agency that is handling your probation. If
Probation & Parole is handling your probation, contact your probation
officer. If you are being supervised through New River Valley
Community Corrections, contact that office. If you cannot reach
anyone at these offices, contact Victim-Witness in our office.
- I am the victim who is to receive restitution. I am not receiving my
restitution payments. Who do I contact?
- Please contact Victim-Witness in our office.
- How can I be sure that I will be granted the restitution I am entitled to?
- Keep complete records. Our Victim-Witness program determines the
amount of restitution in the cases we prosecute. You will need to
provide them with complete receipts and/or invoices. If you do not
have receipts/invoices, you will need to provide proof of value. For
medical matters, you must provide them with all medical bills and
insurance statements. You will not receive restitution for bills paid by
insurance companies. You will only receive restitution for out-of-
pocket bills and deductibles.
BOND HEARINGS:
- I am the Defendant or someone acting on behalf of the Defendant
and I/he/she needs a bond hearing. What needs to be done to get a
bond hearing scheduled?
- The Defendant's Counsel of Record will need to contact the correct
office to schedule a bond hearing.
If the Defendant's case is pending in the General District Court
(Christiansburg/Blacksburg) or the Juvenile & Domestic Relations
District Court, the Defendant's Counsel of Record will need to contact
that specific Clerk's Office. If the Defendant's case is pending in
Circuit Court, the Defendant's Counsel of Record will need to contact
our office to schedule a bond hearing.
CRIMES COMMITTED:
- I am a citizen and I think a crime has been committed. How do I
report this crime?
- You will need to contact the correct police authority depending upon
where the crime committed. If the crime was allegedly committed within the
County of Montgomery, you should contact the Sheriff's Department at 540-382-6900.
If the crime was committed in the Town of either Christiansburg or Blacksburg, you should contact the
police department for that particular town at either 540-382-3131 or 540-961-1150.
- I am the victim in a case and I wish to drop the charges against
the accused. How do I go about doing this?
-
If you, as a private citizen, have placed charges before a Magistrate for an
offense in which the Commonwealth is involved, the Commonwealth's Attorney's
Office will not agree to drop any charges prior to a preliminary hearing.
You, as a private citizen, will have to have gone before the Magistrate yourself
and obtained a warrant. This does not include matters in which a law enforcement
officer was called and he/she obtains the warrant.
The Commonwealth's Attorney's Office takes all matters for prosecution very
seriously. A warrant issued by a Magistrate is a very serious matter.
If you wish to drop charges in matters in which the Commonwealth is involved, you
will need to appear at the preliminary hearing. You may then speak with the
prosecutor handling the case and advise him of your wishes. The ultimate
decision will be with the presiding Judge. Court costs are incurred in these
proceedings. Either the Defendant or the Complainant may pay the court costs
incurred.
As to matters in which you were the complainant, but a law enforcement officer
was called and he/she obtained the warrant, you may only indicate your desire not
to pursue charges, but cannot request that charges be dropped.
Additionally, please be advised that if you are summoned to appear in court you
are not excused from appearing because you do not wish to go forward with the
charges. Your failure to appear will not result in the charges
automatically being dropped. The Court could issue a capias for your failure to
appear. This is in essence a bench warrant subject to your arrest.
- What types of cases does the Commonwealth's Attorney's Office handle?
- The Commonwealth's Attorney's Office prosecutes criminal cases on
behalf of the citizens of Montgomery County. Our office only
prosecutes criminal cases on behalf of Montgomery County. We do
not handle civil cases, divorces, estates, wills, real estate,
landlord/tenant disputes, etc.
SENTENCES:
- A case was acquitted or dismissed. What does that mean?
- The Defendant was found "not guilty".
- A case was nolle prosequi. What does that mean?
- The case will not be tried at this time, but could be tried at a future
date.
- Someone was convicted of a crime. Where will they go?
- Anyone sentenced to one (1) year or more will be incarcerated in the
Virginia Department of Corrections. Sentences from 12 months and
under are served at the Montgomery County Jail.
- What about parole?
- Parole has been abolished in the Commonwealth of Virginia. The
Defendant serves the time for which he was sentenced.
- Someone was given a suspended sentence with probation supervision.
What does that mean?
- The Defendant is ordered to report to his/her probation officer at scheduled times
and is to live by the Judge's set of rules. As a part of probation, he/she may be ordered
to pay restitution to the victim for damages and to pay court costs, court appointed
attorney fees and possible mileage for the victim/witnesses. Community service may also
be ordered with no pay from the local government, non-profit agency, or civil group.
- I was sentenced in Court and was allowed to serve my time on
weekends. I cannot report on the date I am to report.
What do I need to do?
- You will need to have your Counsel of Record contact the Judge (from the Court from
which you were sentenced) directly regarding your situation. It is within the Judge's
discretion as to whether you do not report.
- I am the victim / an authorized entity and need to inquire as to the
outcome of a case. How do I obtain this information?
- If you are the victim, you may either contact the Clerk's Office or our
office. Any one else requesting the disposition of a case must submit
their request, in writing, via fax or mail, on their letterhead and the
request is subject to approval by the prosecuting attorney.
The following are questions commonly asked by Defense Attorneys:
- I had a case that was certified to the Grand Jury. When is your docket
call so I can set this case for trial?
- In Montgomery County, we do not have a "formal docket call". All
cases that are certified to the Grand Jury are "pre-set" for each term of
Court. Our term months are January, April, July and October. Our
office will contact you prior to the term date to pre-set your case. You
will be provided a list of available dates from which you may set your
case. If your case is pre-set, you will not have to appear on the term
date to set your case.
- I have a case in General District Court/Circuit Court that needs to be
continued. Who do I contact?
- General District Court: to request a continuance of a case in General
District Court, you should address a letter to the Court and copy our
office. All requests for continuance must be filed 3-days prior to the
Court date.
Circuit Court: all continuance requests must be directed to the Judge
and copied to us. If you have spoken with the prosecuting attorney
and he/she is in agreement, you may put this in your request.
- I have a revocation hearing that I cannot appear in. Who do I contact?
- You need to first contact the Probation Officer. If he is in agreement,
obtain an available Court date from him/her and then contact the
Judge in writing, copying our office.
- My client is incarcerated and needs to be present for trial. How do I
get him/her to Court?
- Our office prepares Transportation Orders to transport the Defendants
to Court. We cannot, however, prepare a Transportation Order if we do not
know that your client is incarcerated and where they are incarcerated. If your
client is incarcerated, it is your responsibility to advise our office so that
we may prepare a Transportation Order.
- I have Motion I wish to file on my client's behalf that will require a hearing.
How do I proceed in this case?
- First, you will need to file your Motion(s). For Circuit Court cases, you may
then contact our office to schedule a Motions hearing. We will work with you and
the Judge in setting the hearing. For lower court cases, contact the Clerk's Office.
- I have a case and wish to speak with the prosecuting attorney about a
possible plea offer. What do I do?
- Please do not wait until the day of Court to approach the prosecuting attorney about
a case. Contact this office well in advance of the Court date to discuss any possible offers.
- My client is incarcerated for offenses pending in lower court.
I need a bond hearing. How do I schedule this?
- The lower courts have their own bond hearing forms. You will need to obtain those forms.
You will then need to contact the appropriate Clerk's Office and obtain a date for the
bond hearing. The Clerk's Office will then fax our office the notice.
PLEASE BE ADVISED THAT WE MUST HAVE 24-HOURS NOTICE FOR ALL BOND HEARINGS.
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