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The federal and Virginia state criminal justice systems are comprehensive frameworks designed to uphold the principles of justice, fairness, and the protection of individual rights – although often defendants and targets can be steamrolled by this system and by bad players.  Understanding the key components of this system is crucial when navigating through criminal charges and legal proceedings.

Navigating the criminal justice system requires a comprehensive understanding of its intricacies and nuances.  At Carlton Law, we specialize in guiding individuals through this complex process, ensuring their rights are protected, and that they receive fair treatment at every stage of their case.

Law enforcement agencies across Virginia, including local police departments and county sheriffs, are responsible for investigating alleged criminal activities, apprehending suspects, and building cases for prosecution. The Virginia State Police serve as a statewide law enforcement agency, and can provide assistance and resources to local departments.

Federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), are responsible for investigating and enforcing federal laws. These agencies sometimes collaborate with each other or with state law enforcement agencies to gather evidence, conduct surveillance, and build cases against individuals suspected of violating federal statutes.  Federal agencies have significant resources and the capacity to build more complex cases across multiple jurisdictions and involving numerous defendants.

When a crime is committed, law enforcement officers gather evidence and conduct investigations. If they believe they have sufficient evidence to support a charge, a magistrate judge may approve an arrest warrant, allowing police to arrest the individual suspected of the crime. Following the arrest, the accused person is formally charged, which starts the in-court criminal case against the defendant.  In more complex or white collar cases, federal law enforcement agents will often contact witnesses, subjects, and targets of investigations prior to arrest or charging of a defendant.  It is important that defendants and targets (and subjects) invoke their Fifth Amendment rights and not speak with law enforcement officers without first consulting with an attorney.

Virginia State Court System website provides information about individual cases and different courts:  https://www.vacourts.gov

Federal courts in Virginia are divided into two districts — the Western District of Virginia and the Eastern District of Virginia – with various courts in each district.  The courts’ websites include information about the courts and their calendars. 

For felony cases, the prosecution must present evidence to a grand jury, which is a group of citizens selected by a judge to decide whether there is probable cause to formally charge the accused with a felony.   In the federal system, federal agents can use the grand jury to gather evidence, and prosecutors can question witnesses under oath and in secret before a grand jury issues an indictment.  If you are served with a grand jury subpoena, you should speak with counsel before talking to law enforcement officers/agents and before testifying, even if you are just a witness to a crime.  In addition to charging a criminal target with various crimes, a grand jury can indict a witness with various charges, such as perjury or obstruction of justice, if a witness lies in the grand jury.

During pretrial proceedings various events occur, including initial appearances, arraignment, bail hearings, and preliminary hearings. Bail hearings determine whether the individual can be released from custody before trial. Preliminary hearings may take place in felony cases to determine if there’s enough evidence to proceed to grand jury and/or trial.

In Virginia state court, district court judges initially oversee felony cases, which are moved to circuit court after indictment.

Trials can be held before a judge (bench trial) or a group of citizens selected from the local community (jury trial). The prosecution presents its case, including evidence and witnesses, followed by the defense, and must prove its case beyond a reasonable doubt. Both sides have the opportunity to cross-examine witnesses and present their arguments. The jury or judge then reaches a verdict based on the evidence presented.

If the defendant is found guilty, a separate sentencing phase takes place where the judge determines the appropriate punishment, considering factors such as the severity of the crime, the defendant’s criminal history, and mitigating circumstances using a set of “sentencing guidelines” as a tool to determine appropriate sentences.  After sentencing, the defendant may have the right to appeal the verdict or sentence, seeking a review of legal errors or constitutional violations. 

 

In cases where incarceration is not the primary sentencing outcome, individuals may be placed on probation, which involves regular check-ins with a probation officer, drug testing and treatment, community service, and a variety of other conditions. Virginia also emphasizes rehabilitation programs for offenders to facilitate their reintegration into society.

Virginia’s state criminal justice system also supports alternative dispute resolution methods such as diversion programs for a small group of non-violent offenses. These programs aim to address underlying mental health or addiction issues and provide offenders with the opportunity to seek necessary treatment without a formal criminal conviction.

Navigating the criminal justice system requires a comprehensive understanding of its intricacies and nuances.  At Carlton Law, we specialize in guiding individuals through this complex process, ensuring that their rights are protected and that they receive fair treatment at every stage of their case.