Jurisdiction

Question 1

What is the jurisdiction of General District Courts?

Answer 1

• All violations of municipal and county ordinances (including DUI)
• Preliminary examination of felony offenses
• No jury trials

Question 2

What is the jurisdiction of Circuit Courts?

Answer 2

• Appeal as of right in criminal cases
• Original jurisdiction:
  o Punish for contempt; and
  o Writs of habeas corpus, mandamus, prohibition

Question 3

What is the jurisdiction of Juvenile and Domestic Relations Courts?

Answer 3

• Juveniles committing acts that would be misdemeanors if committed by an adult
• Discretionary transfers—depends on D’s age and nature of felony
• Preliminary hearing on serious felonies by juveniles aged 16 or 17
• Circuit court trial—conducted as if the juvenile were an adult; sentencing is solely in the court’s hands:
  o Nonviolent felonies—the court may impose a juvenile or adult sentence or sanction
  o Violent felonies—the court may only impose an adult sentence (but may suspend the sentence on the condition that the juvenile completes a juvenile sentence; court also has discretion to depart from mandatory minimum sentencing if juvenile is convicted of felony)

Question 4

How is venue determined for criminal cases?

Answer 4

General rule—in the county or city where the offense was committed
* Location of crime not readily determined—if a crime was committed in an undetermined city or county, venue is in the county where:
o The defendant resides;
o The non-resident defendant was apprehended; or
o Any related offense was committed, if a non-resident defendant was not apprehended in VA.

Question 5

What is the requirement for issuance of a valid arrest warrant?

Answer 5

Issued on probable cause (PC) to believe the accused committed an offense; or If the accused failed to appear in response to a summons.

Information required
* Name or description of the accused;
* Description of the crime; and
* Signature of the issuing judicial officer.

Question 6

When is a warrantless arrest permitted?

Answer 6

When a crime is committed in the officer’s presence or Officer has reasonable grounds or probable cause to suspect a felony was committed not in his presence