I. Victims and Complaints

A. Making a citizen complaint

If a citizen wishes to file a criminal complaint, he/she may contact either the Police Department or the Office of the Magistrate. All felony (serious) complaints must be investigated by a Police Officer before a magistrate will issue a warrant. To file a misdemeanor complaint, a citizen would need to appear in person before a magistrate and provide a sworn statement. Typically, citizens obtain warrants involving charges such as assault, trespassing or destruction of private property. Before a magistrate can issue an arrest warrant in a criminal case, the magistrate must use discretion to decide if there is "probable cause" -- that is, a reasonable belief, based on facts, that would cause a prudent person to feel that the accused committed the offense. To determine probable cause, magistrates must decide that there are facts logically indicating that the accused committed an offense, and there must be some basis for determining that the facts are reliable.

B. The Victim/Witness Assistance Program: 703-246-2141

Working directly under the Major Crimes Division of the Criminal Investigations Bureau, the Victim/Witness Assistance Program (V/WAP) has been an integral part of the Fairfax County Police Department since January 1986. V/WAP brings a sense of compassion, dignity, and justice to victims and witnesses of robbery, sexual assault against children and adults, and malicious wounding, and to survivors of homicide.

V/WAP's goal is two-fold:

(a) helping victims in their recovery from the trauma of crime; and

(b) supporting them as they move through the criminal justice system.

W/WAP provides the following services without charge to victims and witnesses:

• CRISIS INTERVENTION-- short-term counseling and 24- hour availability
• NOTIFICATION of court case status and schedule changes
• WITNESS PREPARATION for testifying in court
• COURT ESCORT through all court procedures
• TRANSPORTATION to and from all court appearances
• SUPPORT GROUPS for sharing experiences with other victims
• VICTIM IMPACT STATEMENT prepared for the defendant's sentencing and parole hearings
• VICTIM ASSISTANCE CLAIMS -- Assistance in filing for help with unpaid medical and funeral/burial expenses
• ADVOCACY AND INTERVENTION with creditors, landlords, and employers
• PAROLE STATUS reports on defendants in prison.

While V/WAP's main source of referrals is police preliminary reports, V/WAP also responds to referrals from investigators, the courts, the Office of the Commonwealth's Attorney, probation and parole officers, mental health professionals, and directly from victims, their families and their friends.

II. The Role of the Police Department in the Criminal Justice System

Non-Emergency Number: 703-691-2131

While the Fairfax County Police Department and its officers provide a wide variety of services to the citizens of the county, law enforcement is one of their fundamental responsibilities. The Department is obligated to enforce the laws of the Commonwealth of Virginia and the ordinances of the County of Fairfax, and their role in law enforcement is a critical component affecting the overall success of the entire criminal justice system.

Police officers accomplish their law enforcement responsibilities by making physical arrests, by executing Uniform Traffic Summonses, by service of court documents, and by assisting in criminal prosecutions.

A. Physical Arrests

Under certain conditions, law enforcement is carried out by physical arrest of individuals. Police officers are empowered by the Code of Virginia to arrest persons who have committed violations in the presence of the officer or if probable cause exists to believe that they have committed a felony. Physical arrests can also result from the execution by police of warrants of arrest issued by magistrates or court officials.

B. Execution of a Uniform Traffic Summons

The second method of law enforcement is the execution of a Uniform Traffic Summons to persons who have committed traffic infractions or other less serious criminal violations not normally associated with a jail or prison sentence. The Uniform Traffic Summons is used in lieu of a physical arrest after obtaining a person's written promise to appear before the courts to answer for a specific violation of the law. A summons can also be used for minor violations of law that are committed in the officer's presence, or in the execution of arrest warrants for minor violations.

C. Service of Court Documents

The courts issue several kinds of documents, such as arrest warrants, capiases (a capias is an order to bring persons before the court), and magistrates' summonses. Service of these documents is another responsibility of the Police Department. Service of documents means ensuring that the orders of the court as expressed on the document are carried out. Service can result in either a physical arrest or a release from custody pending a later court appearance.

The warrants of arrest can originate from Fairfax County, from other jurisdictions within the Commonwealth, or from other states. For the most part, police officers have no discretion concerning arrests because the law requires them to take certain actions, and because the various documents represent orders of the court. For example, if a police officer knows of the existence of an arrest warrant, and then finds the person named in the warrant, the officer must serve the warrant.

D. Assisting in Prosecution

Assisting in the prosecution of individuals charged with criminal offenses is also a significant responsibility of the Police Department; this assistance is essential to the success of the criminal justice system. Officers provide assistance to the Commonwealth's Attorney, who is the prosecutor in criminal cases, by conducting thorough investigations, maintaining custody of evidentiary material, and participating in the preparation and presentation of cases in court. Officers must also be able to prepare and present competent testimony in General District Court when the Commonwealth's Attorney is not available to supervise the presentation.

III. The Pretrial Process

A. The Magistrate: 703-246-2178

The pretrial process begins with the magistrate, whose primary role in the judicial system of Virginia is to provide an independent, unbiased review of charges and complaints by law enforcement or citizens. The magistrates determine if, and to what extent, further action is warranted when a police officer or a citizen claims that a crime has been committed. When criminal charges are brought before a magistrate for issuance of a warrant, the magistrate must determine if there is probable cause to believe that a violation of the law occurred and if there is reason to believe that the individual suspected may be involved in the unlawful act.

1. Issuing Warrants

Magistrates are responsible for issuing arrest warrants, search warrants, summonses, and in some localities, civil warrants.

2. Setting Bail

Magistrates must decide the amount of bail to be set in cases involving arrest, and must determine whether a secured or unsecured bond should be written. They decide the terms of bail by examining certain facts about the accused person, such as family ties, employment record, financial resources, length of residence in the community, and prior record of convictions, as well as facts about the nature and circumstances of the offense being charged. If possible, the magistrate will release the accused person on a written promise to appear in court with or without an unsecured bail bond. If the magistrate believes that the accused person may not appear for trial, the magistrate may require execution of a bail bond with surety in a reasonable amount, and may impose other conditions. The amount of money in the bail bond can be forfeited as a penalty if the accused person fails to appear in court or violates any other conditions of bail.

B. Court Services Division of General District Court (703) 246-3045

1. Information on Defendants

The Court Services Division of General District Court collects background information on all defendants who have been arrested, in order to assist the magistrates and judges in deciding what kind of bond and how much bond to require of accused persons. As soon after arrest as possible, pretrial staff interview the defendant to determine community ties, prior records of conviction, and other information which might predict danger to the community or likelihood of failure to appear. These staff may recommend the following for defendants:

• release on own recognizance, with a promise to reappear;
• third party custody;
• supervised release in the custody of the Court Services Division
• For supervised defendants, counseling and substance abuse training or testing may be required.

2. Eligibility for Court Appointed Counsel

Another function of the Court Services Division is to assist the court in determining whether a defendant is eligible for court appointed counsel. Staff interview those who request this service for information on financial eligibility. If the judge, using this information, determines that a defendant is eligible for court appointed counsel, the Court Services Division assigns the case to either the Public Defender's Office or private counsel.

3. Interpreter Services

The Court Services Division schedules interpreter services needed by non-English speaking persons who come before the court as victims, witnesses, or defendants.

C. Bail Bonds and Bondsmen

If the magistrate determines not to release a defendant on an unsecured bond, then the execution of bail bond with surety is required before a defendant can be released from jail. The bond may be posted in cash, or the defendant may contract with a bail bondsman to post the security. Usually a bondsman will charge a minimum fee of 10 percent of the bail amount, but may charge a higher fee or impose other requirements.

A list of bail bondsman companies is posted in the detention cell for the defendant and in the main lobby of the jail for the public. Also, most companies have advertisements in the Yellow Pages of the Telephone Directory under "Bail Bonds."

D. The Arraignment Hearing

Any arrested person not released by the Magistrate will be brought before a district court judge for an arraignment hearing. This hearing is described below with the information on the General District Court.

E. Bond Reduction Hearing

If the defendant remains in jail, the defendant or the defense attorney may request a hearing on a motion for bond reduction or further consideration of bond conditions at any time prior to trial.

IV. The Sheriff and Jail: 703-246-2100

A. Booking

In Fairfax County, the Sheriff is responsible for management of the local jail, called the Adult Detention Center. All defendants who are not released by the magistrate or the court are placed in the Adult Detention Center (ADC) to await trial. The first step in entering jail is Booking. At the Booking Desk, defendants will be photographed and searched to make sure they are not carrying weapons or drugs. Information will be obtained for the jail records.

B. Classification

After being booked into the ADC, a defendant will be held in the Classification Section to be interviewed by classification staff. This process may include a medical interview and checkup and a psychological interview as well as a general information interview. On the basis of all of this information, classification staff will decide where to place an inmate among the jail population, to ensure the safety of the inmate and of other inmates.

C. Placement

If not released prior to trial, the defendant will be placed in the ADC and held there until trial. If there are co-defendants in a case, one of them may be placed in another jail in the Northern Virginia area. Prisoners may also be farmed out to other jails when there is exceptional overcrowding, but on the whole, pretrial defendants are kept in the Fairfax ADC if possible, to be available to the court and to their attorneys.

D. Sentenced Offenders

Offenders who have completed trial and been sentenced to incarceration will be taken to the jail immediately after the trial. If they have not been held in jail pretrial, they will be booked in and classified at this time. If their sentences, minus any time they have spent in jail before trial, amount to more than two years, the State Department of Corrections will be notified, and the offenders will stay in the jail until they are transferred to a State facility.

E. Jail Programs: 703-246-4478

Once they are sentenced, offenders become eligible to participate in programs offered at the Adult Detention Center. These include:

1. Work Release

Eligible offenders -- that is, non-violent offenders who are able to work and are between 30 and 180 days of being released from the ADC -- may be placed in the Work Release Program, in which they may go out during the day to work, returning in the evening for educational and counseling sessions.

2. Weekender Program

Some offenders with relatively short sentences may be allowed to serve their time on weekends only, so that they live at home and go to work during the week, but spend their weekends at the ADC.

3. PARKS Program

Some offenders with very short sentences, if able to work, will be assigned to the Parks Program, in which they go out in groups during the day to do physical labor in County parks or for County agencies.

4. Electronic Incarceration

Some offenders may be sentenced by the Court to Electronic Incarceration, or placed there by the Sheriff if close to release. In this program, they live at home but are monitored electronically to ensure that they are at home, at work, or at approved treatment programs. A few persons are placed on Electronic Incarceration prior to trial.

5. Community Service and Fine Options Programs

The Community Service and the Fine Options Programs operate much like the weekender program but are non-residential. Persons sentenced to serve in these programs live at home but report to the Community Corrections Division of the Sheriff's Office on weekends to carry out work assignments such as painting, building renovation, or grounds maintenance.

6. Alcohol and Drug Treatment

Offenders in the Adult Detention Center may elect to participate in a series of groups providing substance abuse education and preparation for serious treatment. Offenders in the Pre-Release Center may enroll in an intensive addictions treatment program prior to beginning work release or one of the other community corrections programs, or may receive less intensive continuing care treatment, case management services, or referrals to community-based substance abuse treatment services.

The services listed above are provided in the Adult Detention Center by the Alcohol and Drug Services Agency, an agency of the Fairfax-Falls Church Community Services Board.

F. Other Sheriff Responsibilities

In addition to the ADC, the Sheriff is also responsible for the security of the courthouses and the service of process for the courts. Sheriff's staff monitor the entrances, hallways, and courtrooms of the courthouses and supervise the movement of prisoners between the ADC and the Court. In addition, Sheriff's staff serve subpoenas and other official court documents related to civil and criminal processes, and carry out court-ordered actions such as evictions and seizures.

V. Distinguishing Between the Courts

A. General District Court

Traffic Court Information: 703-352-1912

Criminal Division: 703-246-3305

The General District Court is the first level of court in the Virginia judicial system. General District Court hears all arraignments, traffic cases, minor criminal cases (misdemeanors), and preliminary hearings for serious criminal cases (felonies). The General District Court does not hear cases with a jury, and is not a Court of Record.

B. Juvenile Court: 703-246-3367

The Juvenile And Domestic Relations District Court is another court at the District Level which handles most cases pertaining to juveniles and to families.

C. Circuit Court

Criminal Clerks: 703-691-7320, press 3, 2.

The Fairfax Circuit Court hears major criminal cases (felonies). A felony is a crime punishable by more than one year in prison and/or a fine of more than $2,500. The Circuit Court also hears appeals of cases from the General District and Juvenile Courts.

VI. General District Court

A. Arraignments

When a person is arrested, the person is taken before the magistrate, who may release the person on the person's own recognizance or set a bail amount. If the arrested person does not make bail before the 8:30 a.m. docket (court review of cases) the person is brought before the General District Court judge to be arraigned. Arraignment occurs when the judge informs the person of the offense with which the person is charged. The judge also advises the person of the trial date. The judge will consider the bond at arraignment, and can increase it, decrease it, or leave the bond the same.

At arraignment the judge will determine if the arrested person should have a court appointed attorney. Any person who may be sentenced to jail is entitled to have an attorney to represent them at trial. Since misdemeanors may be punished by a jail sentence of up to twelve months, any person accused of a misdemeanor who cannot afford to pay an attorney will have an attorney assigned by the court.

Usually by the time of arraignment, the accused person will have been interviewed by Court Services (see above). The judge will use the information obtained by Court Services to determine if the court will appoint an attorney for the defendant.

B. Traffic Cases: 703-352-1912

Traffic cases are heard in General District Court. A traffic offense is a driving violation for which a fine of up to $200 can be imposed. Traffic court is held every weekday, using at least four and sometimes five of the General District Court courtrooms. The docket (a list of cases to be heard) is posted on the bulletin boards on the first floor of the Courthouse. The cases on the docket are listed alphabetically by defendant's last names. If you are to appear in traffic court you should check the bulletin board for your name. When you locate your name, the docket listing will tell you the number of the courtroom where your case will be heard. Go to that courtroom and listen carefully to the Judge who will call your name when your case is to be heard. Respond promptly once your name is called. If a fine is imposed, payment or arrangements for payments must be made that day.

If you are dissatisfied with the results of your trial in a traffic case, you may appeal to the Circuit Court. General District Court clerks can give you a form on which you may request an appeal of your case. The case will be scheduled in the Circuit Court and heard over again as if it were a new case. You may appeal your case even if you pled guilty to the traffic offense in the General District Court.

C. Misdemeanor Cases

A misdemeanor is any offense that can be punished by a fine of up to $2,500 and/or a jail term of up to 12 months. These cases go first to the General District court. Misdemeanor court is held every weekday, in two General District Court courtrooms on the second floor of the Courthouse. One of these courtrooms will schedule motions (issues to be settled before trial) in misdemeanor cases and misdemeanor shoplifting cases. The other court will schedule all the other misdemeanor cases.

There is no right to a jury trial at the General District Court level for any misdemeanor; the case will be heard by a judge. The judge will decide whether the accused person is innocent or guilty, and if guilty, will set an appropriate sentence. This usually happens all in one hearing. If you are dissatisfied with the results of your misdemeanor trial, you may appeal the case to the Circuit Court. Again, the clerks will give you a form to request an appeal, which will be heard as a new trial in Circuit Court. You may appeal your misdemeanor case even if you pled guilty to the misdemeanor charge in the General District Court.

D. Preliminary Hearing

A person accused of a felony (a serious crime) is entitled to have a preliminary hearing. This is not a trial; it is a hearing to determine if there is probable cause to believe that the defendant committed the crime. Preliminary hearings are held Monday, Tuesday, and Wednesday afternoons at 2 p.m. in General District Court, in various courtrooms on the first and seconds floors. Check the bulletin boards located next to the Criminal Clerk's Office, Room 239, for the defendant's name and courtroom assignment.

If the judge determines that there is probable cause to believe that the accused person committed the offense, the judge certifies the case to the grand jury. The grand jury will determine whether to indict the defendant. The judge will also set a trial date for the trial in the Circuit Court. This date may be changed later, but it does give all interested parties a general idea about the date the trial will be held.

If the judge does not find probable cause, the case will be dismissed. Another possible outcome for felony charges at the preliminary hearing is that the charge may be reduced to a misdemeanor, on which the defendant may be tried or to which the defendant may agree to plead guilty.

VII. Circuit Court and the Processing of Felony Cases

A. The Grand Jury Hearing

In Virginia law, defendants in felony cases must be indicted by the Grand Jury. The Grand Jury is a group of citizens who carry out much the same function as the Preliminary Hearing: they review the prosecutor's evidence and determine whether there is probable cause to believe that a crime has been committed and that the accused person committed it. If the Grand Jury finds probable cause, they bring an indictment; the defendant is then brought before a Circuit Court judge, on Term Day, with counsel, to schedule the case for trial in Circuit Court.

B. Plea Bargaining: Settling a Criminal Case

Some cases that come to the Courts are settled without a trial by a plea agreement. Plea agreements can take place at the level of the Circuit Court or at the level of General District Court. In practice, most plea agreements are reached at the time of the preliminary hearing in General District Court.

When the defendant and his lawyer decide that it is in the defendant's best interest to plead guilty to the crime, the defense attorney may work out a plea bargain in the case, by discussing with an Assistant Commonwealth's Attorney the merits of the case, impact of the crime on the victim, and the defendant's background and prior record, if any, to reach an agreement as to a recommended settlement of the criminal case without a trial. In this agreement, the defendant may plead guilty to a lesser offense and the Assistant Commonwealth's Attorney may agree to recommend a specific sentence to the judge. Or the defendant may agree to plead guilty to a particular charge and the Assistant Commonwealth's Attorney may drop other pending charges against the defendant. The defense attorney normally initiates discussions about a plea bargain; the Commonwealth does not have to agree. When a plea agreement is reached normally a written agreement is prepared and signed by the defendant, the defense attorney and the Assistant Commonwealth's Attorney. While in most cases the judge may accept or reject the plea bargain agreement, most judges accept it.

VIII. The Trial Process

1. The Role of the Prosecutor and Defense Attorney

Commonwealth's Attorneys Office: 703-246-2776

Public Defender's Office: 703-934-5600

At the criminal trial, the Commonwealth's Attorney presents witnesses to describe the crime. The witnesses are permitted to tell the court and jury what they saw or know about the incident within the rules of evidence. Each witness may be questioned by the defense attorney. After the Commonwealth's Attorney has presented his/her witnesses and evidence (evidence may include objects, i.e. murder weapon or drugs, etc.), then the defense attorney may present evidence for the defendant.

The defendant is not required to testify or offer evidence. If the defendant testifies then he/she may be questioned by the Commonwealth's Attorney. At the end of the defendant's evidence, the Commonwealth's Attorney may present additional evidence to respond to the defendant's evidence.

2. The Role of the Jury in Criminal Trials

Criminal cases may be heard by the judge sitting with or without a jury. A jury trial can be requested by the defendant through his/her attorney, or by the prosecutor.

Members of juries are selected randomly by the Clerk's Office from the rolls of the Registrar of Voters and the Department of Motor Vehicles list of licensed drivers. The jury in a criminal case decides the guilt or innocence of the accused and recommends punishment within the limits of the law.

3. The Judge Instructs the Jury on the Law

At the end of all the evidence, the judge reads instructions to the jury describing the law which applies in the case. The attorneys can recommend instructions they wish the judge to give to the jury.

4. Closing Arguments

After the judge instructs the jury, then the attorneys may make closing arguments to the judge and/or jury: they describe the case in a way most favorable to their client. The Assistant Commonwealth's Attorney goes first, and then the defendant's attorney presents a closing argument.

5. The Jury Verdict Must Be Unanimous

After hearing all the evidence, the instructions of the judge and closing arguments of the lawyers, the case is submitted to the jury. The jury then retires to the jury room to consider a verdict. The jury verdict of guilty or not guilty must be unanimous. The jury verdict also must recommend a particular sentence of punishment. By law, the jury does not receive any background information about the defendant. The jury may not recommend probation.

If the jury finds the defendant not guilty then he/she is released.

A. Sentencing

1. Presentence Background Information

If the judge or jury finds the defendant guilty then the judge will either impose sentence at the conclusion of trial or request that a presentence investigation report be prepared by a probation officer. The probation officer interviews the victim of the crime, defendant, and the defendant's family, and writes a report for the judge. The presentence report is made available to the defendant, defense counsel, the Commonwealth's Attorney and the judge.

2. The Sentencing Hearing

The sentencing hearing is the final hearing in Circuit Court. At sentencing the defendant is given the opportunity to present any evidence, witnesses, character references, or reasons in mitigation of punishment. The Commonwealth's Attorney, defense attorney and the defendant each are given the opportunity to tell the judge their views on sentencing of the defendant. When a jury recommends a particular sentence, the judge may lower the jury's recommended sentence; the judge may not increase the jury's recommended sentence. If the case was tried by the judge without a jury, then the judge sets the sentence.

B. Appeal Rights

The defendant has the right to appeal to the Court of Appeals of Virginia and thereafter to the Virginia Supreme Court.

IX. The Office of Probation and Parole

Adult Probation: 703-934-0880

Probation and Parole Officers have two primary duties:

(a) To write Presentence Reports for the Court.

(b) To supervise individuals in the community who are on probation or parole.

A. Presentence Reports

A Presentence Report is written after a defendant is convicted of a crime but before he or she is sentenced by a judge. The purpose of this report is to provide the judge with a picture of the defendant's life, including any prior criminal record, and any significant problems such as drug, alcohol, or mental health problems. This information helps the judge to determine an appropriate sentence. In order to write the report, the Probation and Parole Officer:

• interviews the defendant in person;
• interviews others, either in person or by telephone, who might have knowledge of the defendant;
• verifies information obtained during the interviews; and
• checks for a prior criminal history.

B. Supervision

Individuals are sentenced to probation by the court as an alternative to serving time in jail or prison. Those who have been sentenced to serve time in the penitentiary are released on parole, usually after serving only a portion of their sentences. Both Probation and Parole involve supervision by a Probation and Parole Officer: defendants must:

• visit with the officer on a regular basis;
• keep the officer informed of any changes, such as job or address changes;
• complete any treatment or training programs ordered by the officer; and
• pay court costs and restitution.

Probation and parole Officers are interested in helping clients under supervision in any way possible in order to keep them out of trouble. This help may involve such things as making referrals to treatment programs, assisting in employment searches, or recommending training programs -- whatever will help their clients lead law-abiding lives. However, the primary responsibility of the officer is to protect the community. Therefore, if a client does not follow the rules of Probation or Parole, it is the officer's responsibility to report these rule violations to the court or the Parole Board. Serious violations can ultimately result in incarceration.

X. Post Sentencing Programs

After sentencing, or as alternatives to sentencing, a number of programs of treatment and training are available to offenders. In many cases the judge's sentence will require the offender to participate in a program as an alternative to a jail sentence. In other cases the offender will be referred to the program by the defense attorney or the Probation and Parole Officer. Programs offered by the Sheriff and the jail have already been listed. Other programs include:

A. Opportunities, Alternatives and Resources (OAR) Programs
   (formerly Offender Aid and Restoration)

OAR PROGRAM INFORMATION: 703-246-3033

1. Community Service Restitution Program (CSRP)

This is actually a pre-trial diversion program for individuals with no prior record who have been charged with misdemeanant shoplifting. Clients who perform prescribed community service and are not rearrested have their charges dismissed.

2. Prescriptive Sentencing Program (PSP)

This program provides convicted misdemeanants who need a sentence of less than incarceration but more than probation with intensive supervision, counseling, restitution, and community service assignments.

B. Alcohol Safety Action Program (ASAP): 703-246-4300

The Alcohol Safety Action Program works with drivers who have been charged with Driving Under the Influence of alcohol or other substances. Drivers are assessed to determine the degree of involvement with substance abuse, and assigned to education and/or treatment, which may include residential treatment for substance abuse.

C. Guest House

Guest House is a non-secure residential facility for adult female offenders. It provides temporary housing for women who have been charged with or convicted of a criminal offense, along with counseling, life skills training, assistance in preparing for and finding employment, and community service opportunities.

D. Alcohol, Drug, and Mental Health Treatment

The Fairfax-Falls Church Community Services Board sponsors a number of programs which provide residential and outpatient services to convicted offenders, including various levels of substance abuse and mental health treatment.