Office of the Commonwealth’s Attorney

The following is a brief description of each step you may encounter in the judicial process as a victim of a serious crime. Because your situation is unique, the way in which your case is handled may be slightly different than what is described. Juvenile cases, especially, may vary.  

DISTRICT COURT TRIAL

In misdemeanor cases, if the defendant pleads Not Guilty, the Commonwealth will call witnesses to testify and present evidence to the judge. You will be called to testify under oath before the court. The defendant will be present in the courtroom and has the right to cross-examine the Commonwealth’s witnesses. The defendant may choose to offer evidence as well. After all evidence is presented, the judge will make a finding of Guilty or Not Guilty.

PRELIMINARY HEARING

When a defendant has been charged with a felony, a preliminary hearing is held. Here a judge determines whether there is sufficient evidence to have the defendant stand trial later in Circuit Court. Victims and witnesses may be required to attend this hearing, and may be asked to testify.

GRAND JURY

A grand jury reviews the evidence against the defendant and determines if there is enough probable cause to go forward with an indictment and trial. This is not a public hearing, and you will not appear before the grand jury.

CIRCUIT COURT TRIAL

Once a formal charge has been made, the defendant may choose to plead Guilty and forgo a trial. If the defendant pleads Not Guilty, a trial is held. You may have to testify under oath at the trial. After all evidence is presented, the jury (or judge in some cases) will decide if the defendant is either Guilty or Not Guilty. If it is a jury trial and the jury cannot make a unanimous decision, then there is not decision, and the defendant may be retried.

SENTENCING

In cases where the defendant has been found Guilty, a date and time will be set by the Court for the judge to impose a sentence on the defendant. You are not required to attend the sentencing, but you have the right to be present and offer a victim impact statement.

DURING THE PROCEEDINGS FOR YOUR CASE:

If you are a victim or witness of a crime, the prosecutor assigned to the case is not your attorney. The Commonwealth Attorney’s Office represents the Commonwealth and enforces the law. We cannot give legal advice. However, we will work with you to seek justice and support you through the court process.

You should receive a subpoena informing you of the trial date. You may access the Online Case Information System (https://eapps.courts.state.va.us/ocis) to check or confirm the court date. This site also gives you a “subscribe” option if you would like to receive email or text message updates related to your case(s).

If you change your address or telephone number, inform the detective/officer and Victim Witness Assistance Program.

After the trial and prior to sentencing, you will be asked to prepare a victim impact statement for the court. Your statement can be written and/or verbal. You may speak with a staff member to discuss your options.

TIPS FOR TESTIFYING

• Dress well and be courteous.
   
• Be attentive.

• Recall the incident.

• Think before you speak and ask to clarify any questions you did not understand.

• Speak loudly and clearly.

• Be respectful.

• ALWAYS tell the truth.

IF YOUR CHILD IS A WITNESS: tips on how to help him or her prepare

• Reassure your child.

• Relax – help your child relax the night before with his or her favorite activity or meal.

• Waiting time – there can be lengthy amounts of time before your child is called to testify, bring activities to keep busy.

PREPARING FOR COURT

• Arrange for child care ahead of time.

• Dress conservatively (shorts and t-shirts are not appropriate).

• Try to recall what you witnessed.

• Court hearings may last longer than expected; bring books or magazines to occupy your time. Cell phones are allowed in the courthouse but must be turned off when entering the courtroom.