General Information - Criminal Case (2024)

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):

• Robbery
• Grand Larceny
• Rape
• Murder
• Carjacking

Misdemeanor Criminal Appeals may include (but are not limited to):

• Petty Larceny
• Shoplifting
• Prostitution

Misdemeanor Traffic Appeals may include (but are not limited to):

• Speeding
• 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:

1. A judgment lien will be entered against the defendant
2. Interest will accrue on the principal balance due
3. Unpaid balances are reported to the Department of Taxation’s Court Debt Collection Program for collection
4. A collection fee will be assessed equal to 17% of the principal amount reported
5. 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

Note: For information on the Virginia Department of Motor Vehicles' change in process regarding the suspension of driving privileges for Court fines and costs, please call (804) 474-2255.

Think you may have unclaimed property? Check the Virginia Department of the Treasury's Unclaimed Property Program.

Services

Requests for Subpoenas

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:

Processing Orders:

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.

Interpreter Information

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