Frequently Asked Questions

In criminal cases, evidence must be presented by witnesses present in court for the trial. Unlike civil cases, depositions are not allowed. A victim must ordinarily appear in court to testify as to value of items stolen, lack of permission, and other circumstances to establish that a crime occurred.

If we know in advance that a guilty plea will be entered, we can often excuse witnesses from appearing. A witness subpoena serves as your notice to appear. Your presence after conviction at sentencing and motions hearings is optional unless you receive a subpoena.

A subpoena is a court order to appear in court and give evidence (testimony). There is also a subpoena duces tecum that orders the production of records.

If we subpoena a witness and an interpreter is needed, please let us know as soon as possible. The court can provide interpreters, when needed, provided there is advance notice. There is also a language "hot line" available for the court to obtain immediate translation services.

When a subpoena is properly served, you have notice of its requirements. If you knowingly fail to comply with a subpoena you may be held in contempt of court and may be subject to a fine and/or jail.

The Virginia Code gives protection to witnesses who are required to appear in court. Except for someone charged with an offense, a person "shall neither be discharged from employment, nor have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of his absence from employment due to such jury duty or court appearance, upon giving reasonable notice to his employer of such court appearance or summons." The statute applies where there is a written requirement for a court appearance. See Virginia Code § 18.2-465.1. Violation of this law is a class 3 misdemeanor.

A recognizance means that you have been notified by the clerk or judge of a new date for your trial or hearing, and you must appear at the new time or be subject to contempt of court. You will be asked to sign a recognizance form. It has the same effect as a subpoena that is served on you, and means that you must appear for the trial. You may not receive a subpoena or any further notice of the trial or hearing time but you remain under a court order to attend.

Cases are continued for a variety of reasons, but it is our goal to minimize continuances and the disruption they cause you. Cases may be continued due to sickness of a witness, attorney or the defendant, because a necessary witness has failed to come to court, or because an attorney is not available for the trial date and time.

You should contact this office immediately if the subpoena was issued by the Commonwealth. If it was issued by the defendant, you should contact the court or the defendant's attorney immediately. We can usually continue cases when compelling circumstances exist. However, we need a court order and may need the consent of the attorney on the other side of the case, so please give as much notice as possible.

Crime victims may file for state compensation for medical bills and certain other losses due to a criminal attack. Please call our Victim Assistant specialist at (804) 520-9258 for details.

The Commonwealth's Attorney employs a Victim Assistant specialist to assist victims with their questions, prepare them for court and help them file claims for compensation.