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1. What cases does the Commonwealth's Attorney's Office prosecute?

The Commonwealth’s Attorney’s Office is involved in all felony charges in Juvenile and Domestic Relations Court, General District Court, or Circuit Court, as well as all misdemeanors that are appealed to the Circuit Court. In Juvenile and Domestic Relations District Court, the Commonwealth’s Attorney’s Office prosecutes all charges against juveniles except possession of tobacco and traffic matters. These are prosecuted by the law enforcement agent who took out the charge.

For adult defendants in Juvenile and Domestic Relations Court, the Commonwealth Attorney’s Office is involved in domestic assaults, drug-related charges, firearm-related charges, and all felonies.

In General District Court, the Commonwealth’s Attorney’s Office prosecutes all felonies, but a more limited numbers of misdemeanors. As a rule, the office prosecutes DUIs, drug, weapon, sexual battery, and stalking misdemeanor charges. The Commonwealth may become involved in other misdemeanors at their discretion, or upon victim/witness request.

2. How do I find out information about a case?

A prosecutor will normally be assigned to a case after an investigative report is received from the York County Sheriff’s Office, Poquoson Police Department, or Virginia State Police and the defendant has appeared in court for arraignment. This may take several days.

Due to caseload, the prosecutor on any given case may not contact victims or witnesses in a case until 2 to 3 days before the court date. Victims or witnesses can call the local Victim-Witness Assistance Program at any point in the criminal justice process to get information or discuss concerns about their cases. Contact the Victim-Witness Assistance Program.

3. Can I drop charges?

The Commonwealth’s Attorney’s Office for York County and the City of Poquoson has a "no drop" policy on all charges. Because the defendant has broken a law of the Commonwealth of Virginia, the Commonwealth's Attorney's Office must prosecute the crime.

What this means is that once charges are filed and the Commonwealth’s Attorney’s Office decides to proceed with the case, you can no longer withdraw the charges. Only a prosecutor handling the case can request a dismissal of the charges. Only the Court has the authority to dismiss, or "drop" charges.

4. What should I do if I receive a subpoena for court and I have a conflict with the court date?

In some instances, if you have a pre-planned event already scheduled during the time of a court date, the Commonwealth may be able to request a continuance from the court. Valid reasons include pre-planned vacations, rescheduled doctor's appointments, work-related travel set prior to the service of the subpoena, and being subpoenaed to appear in another court on the same day at the same time. For more information, call the Victim-Witness Assistance Program at 757-890-3402.

5. What should I know before I testify?

Testifying in court can be intimidating. First and foremost, always remember to tell the truth. it is also helpful if you contact the prosecutor to discuss the case before court. For more basic tips on testifying, call the Victim-Witness Assistance Program at 757-890-3402 or view our tips on testifying (PDF).

6. What is a preliminary hearing?

In Virginia, there are 2 types of criminal charges, misdemeanors and felonies. Felonies are more serious in nature and carry a higher penalty in terms of greater fines or longer imprisonment. Defendants charged with felonies have a right to a preliminary hearing where the prosecutor must prove to the court that there is enough evidence to show that a crime has been committed (known as "probable cause") and that the defendant is the person who most likely committed that crime.

A preliminary hearing is a scheduled court date, similar to the trial, the judge, defendant, defendant’s attorney, prosecutor, and all subpoenaed victim(s) and witness(es) are present. However, the prosecutor will put on only enough evidence to justify further proceedings against the defendant. If the prosecutor establishes probable cause, the case is certified to the next Grand Jury and the case is set for trial at a later date.

7. Can children be subpoenaed to testify in court?

Yes, children can be subpoenaed. While every effort is made to prevent children from coming to court, there will be instances in which the only witness to a crime is a child. This may be especially true with child sexual abuse.

In these cases, it will be necessary to subpoena the child witness to testify in court. When this occurs, many special steps are taken to help lessen any anxiety a child victim may experience before and during the judicial process.

8. I can't identify the defendant. Why did I receive a subpoena?

In order to prove a case, the Commonwealth must prove a number of specific "elements." These elements differ for different crimes.

One of the elements in cases such as property crimes involves determining the value of the item damaged or stolen, who owned it, and if anyone had permission to borrow or damage it. Therefore, even though you cannot identify the person who took or destroyed your property, you can testify about the last time you saw it, when you noticed it missing, how much it was worth, and if you had given it to anyone or authorized someone to take or use it.

9. What should I do if the defendant's attorney contacts me?

You may discuss the case with the defense if you so desire, but you are not required to do so. You should inform the prosecutor handling your case if defense contacts you regardless of whether or not you speak with him or her.

10. What happens if someone threatens me to drop the charges or not testify?

It is illegal to threaten a witness, whether it is before the crime is reported or during the prosecution of the case. Such a person is obstructing justice and is committing a crime. If this occurs to you, contact the prosecutor handling your case and the law enforcement officer in charge of your case immediately.