The Criminal Division of the Fairfax Circuit Court is located on the fourth floor of the Fairfax County Courthouse at 4110 Chain Bridge Road in Suite 409. The Division is open between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday. Telephone 703-691-7320 (press 3, then 2) (TTY 711).
Type of Cases
The Criminal Division is responsible for the indexing, processing and maintaining of all Felony and Misdemeanor Criminal and Traffic Appeal cases. In all of these cases, the Commonwealth of Virginia is the Complainant. The person charged with the offense is the Defendant.
Felony cases may include (but are not limited to):
- Grand Larceny
Misdemeanor Criminal Appeals may include (but are not limited to):
- Petty Larceny
Misdemeanor Traffic Appeals may include (but are not limited to):
- Driving While Intoxicated
- Reckless Driving
- Failure to Yield Right of Way
These cases originate in the General District Court and the Juvenile and Domestic Relations Court and are brought to Circuit Court by way of the Grand Jury (for Felony Cases) and by Appeal of the Defendant (for Misdemeanor cases).
Costs of Felony and Misdemeanor Cases
If convicted of a Felony or Misdemeanor offense in the Fairfax Circuit Court, costs will be assessed against the defendant as well as any court imposed fine. All costs are assessed pursuant to the Code of Virginia. Fines and/or costs are expected to be paid at the time of conviction unless a payment plan is established. The Criminal Division does accept personal checks, Visa, MasterCard and cash. All costs and/or fines that are not promptly paid will be subject to the following:
- A judgment lien will be entered against the defendant
- Interest will accrue on the principal balance due
- Notification is sent to the Department of Motor Vehicles for suspension of the defendant’s operator’s license for unpaid fines and costs
- Unpaid balances are reported to the Department of Taxation’s Court Debt Collection Program for collection
- A collection fee will be assessed equal to 17% of the principal amount reported
- Unpaid balances are reported to the Department of Taxation’s Set-Off Debt Collection Program to attach a claim to any state tax returns or lottery winnings
Any request for a subpoena in a Felony or Misdemeanor appeal should be delivered to the Criminal Division. There is no cost for a witness subpoena. If you are requesting a subpoena duces tecum, the fee is $5.00 and should be paid at the time of filing the request.
Requests for Copies:
Copies of filings or orders in a Felony or Misdemeanor appeal case may be requested in person or in writing. Certain items contained in the file may not be copied. You will be informed of those items that cannot be copied. When requesting copies in person, you may review the file in the Criminal Division and paperclip any pages that you want to have copied. The fee is $0.50 cents per page and an additional $2.00 if you want the copy certified. The Criminal Division can copy up to 10 pages immediately. Any requests over 10 pages will not be done immediately. Requests received in writing will be responded to within 2 business days. Fees for copying must be paid in advance and a self-addressed, stamped return envelope must be provided.
Upon entry of a order by a Circuit Court Judge, the Felony or Misdemeanor appeal file is sent to the Criminal Division to process the order. Processing the order includes sending copies of the order to the appropriate agency and or party. Also, all felony cases and some misdemeanor appeals have fingerprint cards that must be processed to the FBI and the State Police department so a criminal record will be created or updated. The Criminal Division is responsible for completing these forms and forwarding them to those agencies.