Frequently Ask Questions
- What is the difference between a misdemeanor and a felony?
- A misdemeanor is a crime punishable by a fine and no more than 12 months in jail. A felony is a crime that carries a potential prison sentence
in the State Department of Corrections for one year or more.
- What is the penalty for a misdemeanor?
- Class 1 misdemeanor: Confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
- Class 2 misdemeanor: Confinement in jail for not more than 6 months and a fine of not more than $1,000, either or both.
- Class 3 misdemeanor: A fine of not more than $500.
- Class 4 misdemeanor: A fine of not more than $250.
- How can I contact the prosecutor assigned to my case?
- You can call 757-727-6442. You will need to know the defendant's name, and, if possible, the date of the next hearing. The prosecutors are
often in court all day, so please be prepared to leave a message with a phone number where you can be called before 4:30 p.m.
Please note: If you are charged with an offense and have an attorney, a prosecutor will not speak with you. Have your attorney
contact the prosecutor.
- How can I get restitution for my loss?
- If you have suffered a monetary loss, such as damage to your home or medical bills, because of a crime committed against you, the judge
may order restitution in the amount of your loss if the defendant was found guilty. Please note that restitution is not ordered for lost work hours.
- Do I have to testify at a trial if I don't want to?
- If you are the defendant, you have a right to remain silent, and the judge and jury are not allowed to hold your silence against you. If you are a witness or victim,
however, you must testify. If you have concerns about testifying, talk to the prosecutor or the crime victim assistance coordinator in the case.
- What happens at an arraignment?
- This is the first appearance a defendant makes in court. The judge will tell the defendant what the charge is, if the charge carries the possibility of
a jail sentence, the judge will also set a date for a hearing of the case
- If I am charged with a crime, how can I get an attorney if I can't afford to hire one?
- At arraignment the judge will determine whether your income makes you eligible for a court-appointed attorney.
- What if I can't pay all of my fine at once?
- The judge may allow you to set up a time payment program, based on your income.