What is the difference between a felony and a misdemeanor?

A felony is a major crime that may be punished with a minimum sentence of one-year in jail and with a maximum of life imprisonment or the death penalty, depending on the severity of the crime. A misdemeanor is a crime that carries a lesser penalty that is punishable by confinement in jail for no more than 12 months, a fine of not more than $2,500, or both. Felony cases may require more than one court appearance, whereas misdemeanors generally require only a single appearance in court.

Why am I a witness if I didn’t see the crime happen?

Witnesses are not limited to “eyewitnesses.” Witnesses may be called because they actually saw or heard a crime occur, but they may also know something about a piece of evidence or may possess information that contradicts another witness’ testimony. You might think that what you know about a case is insignificant but sometimes the little pieces of information are required to determine what really happened.

I was subpoenaed to court. What happens if I don’t show up?

If you have not been excused from appearing, your failure to appear could result in your being fined or jailed for contempt of court. Please contact the Victim/Witness Program in advance at 540.332.3703 if you cannot come to court on the date required.

What if my employer won’t let me off to come to court? What if my child is subpoenaed as a witness and has to miss school?

If you are lawfully subpoenaed to court, an employer cannot prevent your court attendance. If necessary, we can contact your employer to verify the necessity of your presence, and we can also provide you with a note confirming the times when you were in court. The clerk of court will also provide a note confirming that your child was required to appear in court and permitting that school absence to be excused.

What is an advisement date and why don’t I have to be present for that?

An advisement date is a date for the defendant to appear before a judge and be informed of any charges and advised of the right to have an attorney. If the defendant cannot afford to hire a lawyer, the judge will appoint one. The defendant is the only person that needs to be present for the advisement hearing. There will be NO evidence heard by the judge, and therefore, no victim or witnesses need to appear.

What is a preliminary hearing and do I need to be there?

A preliminary hearing is a proceeding where the judge decides if there is enough evidence to support a defendant’s charges and send them forward to the Grand Jury. The prosecutor must prove to the judge that there is sufficient evidence to show that a crime has been committed. This involves putting on a minimal amount of evidence and witnesses are present and may be required to testify. If the prosecution establishes sufficient evidence, the case is certified to the Grand Jury.

I am listed as a domestic violence victim on a charge, but I did not want charges to be placed. Can I drop the charges?

No, you cannot drop the charges. The Staunton Commonwealth’s Attorney’s Office has a no-drop policy on domestic violence cases. This is to protect you from further violence and to document violence that has already occurred.

How do I find out who will be prosecuting my case?

If you would like to find out who the prosecuting attorney will be on a case, you may call the Staunton Commonwealth’s Attorney’s Office (540.332.3976) and ask. Please make sure to have the name of the person who has been charged and the court date if you know it.

Can I talk to Mr. Gaines? I think he is the one handling my case since his name appears on my court papers.

Mr. Gaines is the Commonwealth’s Attorney for the City of Staunton, so his name appears on most criminal court documents and correspondence from our office, however, he may not be the prosecutor handling your case. Please call our office at 540.332.3976 if you would like the name of the prosecutor in charge of your case.

What if the defense attorney contacts me?

In representing their client, a defense attorney may contact you and want to talk about the case. You may discuss the case with the defense if you wish, but you are not required to do so. Remember that anything you say may be used in court and be sure to always request proper identification and an explanation of the interview’s purpose.

Do I have to testify in front of the defendant?

Yes. The defendant must be present in court to hear what all the witnesses have to say.

Who will be with me in court?

You may bring friends or relatives with you to court, and they can probably sit in the courtroom while you testify unless they are also witnesses. A representative from the Victim/Witness Program may also be with you, at your request, for support purposes.

How do I know if my case has been called off?

The Victim/Witness Program will make every attempt to contact you if you do not have to attend a court proceeding. Witnesses and other interested parties may call 540.332.3703 or 540.332.3976 to inquire about the status of a case, or you can confirm directly with the court.

How long will I be in court?

Your courtroom time, actually testifying, may not take very long. Most of your time will probably be spent waiting for your turn to take the witness stand. You are encouraged to bring a book or magazine to read while you wait.

What if I need an interpreter for court?

Contact the Victim/Witness Program at 540.332.3703 to request the services of an interpreter.

What is a Victim Impact Statement?

The Victim Impact Statement Form gives the victim or others affected by crime the opportunity to express, in writing, the impact of the crime. This may include any economic losses, the extent of any physical or psychological injuries, and any major life changes as a result of the crime. The Victim Impact Statement is submitted in instances where there is a felony sentencing hearing and must be provided to the Commonwealth’s Attorney and the defense attorney at least 10 days before the sentencing hearing. You are required to turn in the form in advance, and a due date will be listed on the form provided to you.

I can’t afford to pay the medical bills that resulted from this crime. What compensation is available to me?

You may be eligible for compensation to cover medical expenses, psychological counseling, partial loss of earnings, or funeral expenses. For assistance with filing your claim or to obtain a Criminal Injuries Compensation Form call the Victim Witness Program at 540.332.3703.

What should I do if I have not received my court-ordered restitution?

Collection and enforcement policies vary depending on the court and the order that is in place. Call the Victim Witness Program at 540.332.3703 for an update or explanation of what to expect.

What should I do if someone threatens me?

Concerns about your well-being and safety are normal. If you have any fears or receive any threats concerning your involvement in a case, you should immediately contact the police department and the Victim Witness Program. In an emergency situation, call 911. Any person who threatens or harasses you during the prosecution of a case, or even beforehand, is obstructing justice and had committed a crime, and the prosecutor handling your case should be notified immediately

How do I find out when a defendant is released from jail?

Contact the Victim Witness Program for assistance. You may need to fill out a Department of Corrections Notification Form or sign up for notifications through Vinelink.

I believe a crime has been committed. Do I report the crime directly to the Commonwealth’s Attorney’s Office?

If you need to report a crime in progress, call 911. If you want to report a crime that has happened in the past, please call the law enforcement agency where the crime occurred. It is the law enforcement agency’s responsibility to investigate crime and issue any arrest warrants, if evidence suggests that a crime has been committed.