An Information Guide For Crime Victims and Witnesses

You have any questions about your role as a witness.

You have received crime related threats or harassment.

You would like an explanation of court procedures or a tour of the courtroom before you testify.

Your personal property is being held as evidence, and you want to know when you can recover it.

You want assistance in filing for compensation under the Criminal Injuries Compensation Fund Act.

You want help in preparing your restitution forms, or you are not receiving restitution payments that were ordered by the Court.

You need to notify us of a change of address or telephone number.

You would like someone to escort you to court.

You would like assistance in preparing your Victim Impact Statement.

You need a referral to social service agencies that provide assistance to crime victims.

You have any questions regarding your case.

You just need someone to talk to.

Felony Cases: A felony is a major crime that may be punished by a minimum of one year in prison. Felony trials are heard in Circuit Court, which is located on the second floor of Staunton's Courthouse.

Misdemeanor Cases: A misdemeanor is a less serious crime that is punishable by confinement in jail for a maximum of one year, a fine of not more than $2500.00, or both. Misdemeanor trials are heard in General District Court, which is located at 113 E. Beverley Street, and Juvenile & Domestic Relations Court, located at 6 E. Johnson Street, 1st floor.

Subpoena/Summons: A court order directing you to appear in court at a particular time and place.

Preliminary Hearing: This is a proceeding held when a person is arrested for a felony. The preliminary hearing is not a trial. The Judge listens to the evidence of the crime to determine whether it is reasonable to believe that the defendant committed a felony. If the Judge determines that there is sufficient evidence, he will certify the case to the Grand Jury.

Grand Jury: The Grand Jury consists of 7 citizens who meet once in January, April, July and October. These citizens listen to evidence presented by a police officer who covers the facts of the case. The Grand Jury then determines if the evidence is sufficient to indict (charge with a specific crime) the defendant. If charged, the case will then be set for trial in the Circuit Court.

Circuit Court: The defendant stands trial and his guilt or innocence is determined by the Judge or by a jury. Unless the defendant is going to plead guilty, all witnesses are required to appear in court. Witnesses are generally required to remain outside of the courtroom until they have testified. If the defendant is found guilty, he may be sentenced at the conclusion of the trial or at a later date, if a presentence report is ordered.

Presentence Report: This report is completed by a probation and parole officer and consists of the defendant's background. A report generally takes 6-8 weeks to complete. A sentencing date is set, upon completion of the report. The Judge will read the report and impose the sentence. You will be notified and may be present during this time.

Be prepared: Try to recall what happened and picture the scene in your mind. Writing down the details often helps. However, do not try to memorize your testimony. Just tell what happened in your own words.

Tell the truth: Do not hesitate and try to figure out if your answer is going to help or hurt, this will only hurt your credibility. Just tell the truth.

Do not guess or speculate: If you do not know the answer, simply say so. If you give an estimate, for example, of time or distance, make sure everyone knows this is an estimate.

Speak clearly: Answer questions clearly and loudly enough so that you can be heard and understood.

Answer only the questions asked of you: Do not volunteer information. Stop speaking immediately, if the Judge interrupts or an attorney objects to the question. Do not speak again until the Judge says it is okay.

Dress well and be courteous: The way you dress and present yourself is a direct reflection on you. It is to your advantage to dress neatly and conduct yourself in a courteous manner.

Never lose your temper: Holding your temper will make your testimony much more valuable.

Continuances: Sometimes court proceedings cannot take place as scheduled. The victim/witness program will make every effort to notify you in advance, if at all possible. If you have any questions, you may call our office the day before to confirm whether you have to appear.

Victim Impact Statements: If the defendant is found guilty in a felony case, the Judge may withhold sentencing until a pre-sentence investigation is completed. If you are the victim of the crime, you will be given the opportunity to describe what impact the crime has had on your life, in a written statement. Your statement will be included in the pre-sentence report and considered by the Judge on determining the appropriate sentence. The Victim/Witness Director can assist you in preparing this report.

Criminal Injuries Compensation Fund: The Commonwealth of Virginia recognizes the need to provide financial assistance to innocent victims, or their survivors, of a violent crime. Assistance may be given to victims who suffer physical or emotional injury, loss of wages, and reasonable out-of-pocket expenses as a direct result of the crime. If you think you may be eligible, please contact the Victim/Witness Program office for further information or application.

Restitution: You have the right to seek restitution from the defendant for any financial loss that may have occurred as a result of this crime. If you have suffered any loss, itemize and document your loss. Make sure this is brought to attention of the Victim/Witness Director.

Dropping Charges: Once charges have been filed, you cannot drop them. Only the Court can do that, and only upon the recommendation of the Commonwealth's Attorney. Such recommendations are made after a full consideration of the evidence, the type of crime, and the past record of the accused.