|
GENERAL
DISTRICT COURTS
The General District Court
hears cases that involve adults who do not have an intimate or
family relationship. Parties in General District Court cases may be
strangers, acquaintances, or have a business relationship. If the
parties to the case are juveniles, or if they are married, have children
in common, or share some other family relationship, the matters are
usually heard in Juvenile and Domestic Relations District
Court. However, both General District Court and Juvenile and Domestic Relations
District Court have the authority to "designate" matters to be
heard in the other court. This means that it is possible for a case
between related parties to be heard in General District Court if both
courts agree for the matter to be transferred. All offenses
heard by the General District Court must have occurred in the jurisdiction
it serves.
Virginia
has 122 General District Court Judges. The average annual case load
for a GDC judge is about 26,600 cases. Judges in district courts are
elected by a majority vote of each house of the Virginia General
Assembly. They serve six year terms.
There
are three types of cases in General District Courts:
-
Civil
Cases
-
Criminal Cases
-
Traffic Cases
The General District Court has
limited civil and criminal jurisdiction, as it can only decide criminal
offenses that are classified as violations of local ordinances or by-laws
(infractions), civil lawsuits in which the amount in question does not
exceed $15,000.00, and misdemeanors under state law. Criminal
Misdemeanors are any charges which carry a penalty of no more than 12
months in jail and/or a fine of up to $2,500.00. If a criminal
charge is a felony, General District Courts do not have the authority to
decide the matter, but will conduct a "probable cause" hearing,
in which the court determines if there is enough evidence in the case to
send the matter to a Grand Jury. It is the responsibility of the Grand
Jury to determine if the felony charge should them be sent to trial in
Circuit Court, the highest trial court in Virginia. To see
how cases may proceed through the criminal justice system, click here:
misdemeanors
&
felonies.
There
are no jury trials in General District Court. In
misdemeanor
cases, or
instances in which someone is charged with a city or county code infraction, a judge
hears the evidence, decides the question of innocence or guilt. In all
criminal proceedings, the assumption is that a defendant is innocent until proven guilty. If the
judge finds the defendant guilty of the misdemeanor or infraction, he then
determines the penalty and sentences the defendant. It is important
to note that defendants have the right to remain silent, meaning that they cannot be made to testify. If the person is convicted of a
misdemeanor or infraction of the law, he or she can then appeal the matter
to Circuit Court for a new trial. They can then request a jury for
the appeal hearing.
In
civil suits, the judge also determines guilt or innocence, and also has
the sole responsibility for determining sentence if the defendant is
convicted.
In
civil cases, both the victim and the defendant may represent
themselves or hire their own attorneys. In criminal matters,
the victim of the crime does not need to hire an attorney. The
victim is considered a witness and the case is prosecuted by a
Commonwealth's Attorney. All parties charged with a crime have the
right to be represented by counsel. If the charged party does not
feel that he or she has the money to retain their own attorney, a
court-appointed attorney can be requested through the court. The court
will ask that person questions to determine if they meet certain
qualifications to be appointed an attorney. A court-appointed attorney is
not necessarily free; a defendant will not be responsible for
court-appointed attorney fees if she or he is found not guilty. If
convicted, however, these fees are assessed against the
defendant.
The
Code of Virginia defines criminal offenses and sets penalties and fees.
For many offenses, the penalty may include probation, jail time,
suspension of one's driver's license, and/or a fine. Fines assessed
may be paid to the jurisdiction where the crime was committed or could be submitted to the state. Defendants who are convicted may also be
responsible for paying certain fees. These fees are established by
the General Assembly or Virginia and are paid into the state treasury.
For
more information on General District Courts, follow this link:
Courts in Brief: District Courts.
|
