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Welcome > Criminal

 General Information

The Criminal Division of the Circuit Court handles all felony and misdemeanor cases originating by Grand Jury action, as well as misdemeanor appeals from the General District and Juvenile and Domestic Relations District Courts. Traffic infractions are handled by the General District Court, which is a separate entity with its own Clerk's Office. Only when traffic cases are appealed from the General District or Juvenile & Domestic Relations District Court do they fall under the jurisdiction of the Circuit Court. Therefore, before contacting the Circuit Court to inquire about the status of a traffic infraction case or pre-payment of a traffic fine, it is important to ascertain beforehand which Court has jurisdiction. This will prevent any unnecessary delay in processing. Unlike the District Courts that have separate traffic dockets, the Circuit Court integrates traffic infraction appeals into its criminal docket.

 Fines, Court Costs and Payment Instructions

When an individual is convicted of a felony or misdemeanor in the Circuit Court, court imposed fines and/or court costs will be assessed against the defendant. All court costs are assessed in accordance with the Code of Virginia. Fines and costs are due at the time of sentencing unless the defendant enters into a payment plan agreement approved by the Court. . An individual who does not promptly pay fines and court costs will be subject to the following:

  • A judgment will be entered against the defendant and interest will accrue on the balance due. A judgment is entered on all convictions that are not paid the same day. All judgments will be docketed against real estate, thereby creating a lien on the defendant's real property in the land records.
  • Unpaid balances are reported to the Department of Taxation for Set-off Debt Collection (after proper notice, any tax refund or lottery proceeds due the defendant will be sent to the Clerk's Office to pay off the debt).
  • Unpaid balances are also reported to the court's collection agent for collection purposes.
  • Notification is sent to the Department of Motor Vehicles of any unpaid fine and/or court costs for suspension of the defendant's operator's license.

Payment Instructions

Payments for fines and/or court costs are accepted Monday through Friday from 8:30 a.m. to 4:30 p.m., excluding holidays. Payments may be made in person in the Circuit Court Clerk's Office or via the mail. Payment can be made via a personal check with proper ID, Visa, MasterCard, Discover Card, American Express, money order, or cash. Please note credit card payments cannot be made by phone.  Payments on accounts which have been referred to collections must be made at the office of the collections agent, Parrish and Lebar, LLP, 5 East Franklin St., Richmond, VA 23219, (804)788-4721.

When paying by personal check or credit card, individuals must provide a form of identification (i.e., a driver's license or picture ID). Credit card account holder must be present. Checks should be made payable to Edward F. Jewett, Clerk. Money orders, certified checks and cashier's checks are also acceptable methods of payment.

Always indicate clearly the case number and defendant name that payment is to be applied to. This is very important if there are multiple accounts for the same defendant. In addition, please include the defendant's name and case number on all checks or money orders for proper credit. Never send cash payments via mail.

 

INSTALLMENT AND DEFERRED PAYMENTS

(Effective July 1, 2017)

All unpaid costs and fines totaling more than $50.00 are eligible for an Installment or Deferred Payment Agreement.   Deferred payment of fines and costs, restitution payments and community service credits will be made in accordance with the Court’s Order.  Restitution payments are to be made in accordance with the Court’s Order for Restitution.  Any sums collected shall be used first to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any fine, forfeiture, penalty, or costs assessed against a defendant.

Effective July 1, 2013, in accordance with Code 19.2-349, accounts which initially become delinquent and transmit to collections on or after July 1, 2013 will be assessed a fee (currently 17% of the judgment principal) to help defray the expense associated with outside collection efforts. The Clerk cannot remove, reduce, or alter this fee.

                                     WITHIN 30 DAYS OF THE SENTENCING DATE:

The defendant may appear in the Clerk’s office and request payment arrangements and will be required to sign form CC-1379 Order and Notice of Deferred Payment or Installment Payments which will serve as the Agreement between the defendant and the Court.

  • If a defendant cannot pay the costs and fines in full by the due date, the Clerk may enter into a payment agreement with the defendant to pay the balance over time, conditioned upon monthly payments received on time.  The minimum payment is $50.00 per month.  The first payment is due at the time the agreement is signed. Alternatively, the Clerk can defer payment in full for six months.  Any agreements outside these parameters, or for modification of a non-delinquent payment agreement, will need approval by a judge, as will community service agreements. Please see the Notice of Alternative Payment Plans link on the right side of this page. 
  • Payments are due every 30 days thereafter until paid in full.  Late or missed payments will result in the account defaulting and transmitting to collections and notification to DMV for license suspension and other action as the Court may direct.
  • Second Installment payment requests, after initial default, will be allowed, but will be handled through the court’s collection agent. Second and all subsequent payment agreements, if allowed, will require a down payment of 10% of a balance or $500 or less; 5% of a balance of more than $500, or $50, whichever is greater. The down payments cannot be waived.

AFTER 30 DAYS FROM THE DATE OF SENTENCING  (ACCOUNT DELINQUENT) OR  UPON DEFAULT OF PAYMENT AGREEMENT:

                        The account will transmit to DMV for license suspension, and requests for payment arrangements must be entered into at the collection agent’s office. Upon Default of a payment agreement, the Court will require a down payment of 10% of a balance of $500.00 or less; 5% of a balance of $500.00 or more, or $50.00, whichever is greater.   The down payment cannot be waived.

 

AFTER 90 DAYS FROM THE DATE OF SENTENCING (ACCOUNT DELINQUENT) OR UPON DEFAULT OF PAYMENT AGREEMENT:

            The account will be reported to the Department of Taxation, the State Compensation Board, the Attorney for the Commonwealth, and the Court’s Collection Agent.  In addition, a collection fee pursuant to Code 19.2-349, currently 17% of the principal balance due will be applied to the account. Upon default of a payment agreement, the Court will require a down payment of 10% of a balance of $500.00 or less; 5% of a balance of $500.00 or more, or $50.00, whichever is greater.   The down payment cannot be waived.

 

 

 Subpoenas and Subpoenas Duces Tecum

Subpoena requests in felony or misdemeanor appeal cases should be delivered or mailed to the Circuit Court Clerk's Office. A letter specifying the request must be provided. In order to allow adequate time for the preparation of a subpoena, a lead-time of five days from the date of service is requested. There is no fee for issuance of witness subpoenas. For a subpoena duces tecum, a $17.00 fee must be remitted along with the request. The following information must be included in a request for a subpoena:

  • Defendant's full name
  • Circuit Court case number
  • Certificate of service on opposing counsel
  • Any subpoenas that should be served by a Sheriff in another county will be forwarded to that Sheriff by the Clerk's Office.

In addition to the above information, a request for a subpoena duces tecum must contain the following:

  • Name and address of person/place with custody of the records
  • Specific description of the records that are being subpoenaed
  • Date the records must be produced in the Clerk's Office (NOTE: These records must be made returnable to the Clerk's Office, not an attorney's office.)

NOTE: If a witness subpoena or subpoena duces tecum needs to be served on a person or an entity outside of Virginia the requesting party should follow procedures for a Foreign Witness, as provided in Code of Virginia § 19.2-272, et seq.

 
 

 Forms and Links