How long does a criminal case take in Virginia Beach
If you are facing a criminal charge in Virginia Beach, one of the first questions you may have is how long the process will take. The answer depends on whether the charge is a misdemeanor or a felony, the court in which it is prosecuted, and whether the case resolves through a plea agreement or goes to trial. In general, a misdemeanor case in Virginia Beach General District Court can move from arraignment to resolution in four to eight weeks. A felony case that proceeds through a preliminary hearing in the General District Court and then to the Virginia Beach Circuit Court often takes three to nine months, and more complex cases can take longer. An experienced criminal defense lawyer can help you understand the expected timeline for your specific situation. To discuss your case with Mr. Sris and his Of Counsel team, call Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Typical Timelines for Misdemeanor and Felony Cases in Virginia Beach
A misdemeanor charge—such as simple assault, petit larceny, or disorderly conduct—is heard in the Virginia Beach General District Court at 2425 Nimmo Parkway. After an arrest or summons, the court schedules an arraignment, where the defendant is informed of the charge and enters a plea. The trial date is usually set four to eight weeks from the arraignment, and many cases conclude on that date. Because a misdemeanor trial is before a judge without a jury, the proceeding is typically brief.
For a felony charge, the process begins with an initial appearance and bond determination, followed by a preliminary hearing in the Virginia Beach General District Court. The preliminary hearing must be held within 21 to 60 days of the arrest if the defendant is held in custody. If the judge finds probable cause, the case is certified to the Virginia Beach Circuit Court for a grand jury indictment and trial. A felony trial in Circuit Court may be scheduled three to nine months after the preliminary hearing, and cases involving extensive discovery, multiple defendants, or complex legal issues can extend beyond that. Virginia law provides a speedy-trial right: a defendant held continuously in custody on a misdemeanor must be tried within five months; a defendant held on a felony must be tried within nine months. Many cases, however, resolve without trial through a plea agreement or a dismissal well within these outer limits.
Frequently Asked Questions About Criminal Case Timelines in Virginia Beach
How long does a misdemeanor case take in Virginia Beach?
A misdemeanor case in Virginia Beach General District Court typically resolves in four to eight weeks from the arraignment date. The court schedules a trial quickly, and because misdemeanor trials are heard by a judge without a jury, the proceedings move faster than felony cases. If the matter is resolved through a plea agreement at the arraignment or a first return date, it can conclude even sooner. An experienced attorney can discuss resolution options that may shorten the timeline.
How long does a felony case take in Virginia Beach?
A felony case in Virginia Beach generally takes three to nine months from the preliminary hearing to the trial in Circuit Court. After arrest, a bond hearing and preliminary hearing in the General District Court happen within weeks. Once the case is certified to Circuit Court, the grand jury, discovery, and motions process take additional time. Complex felonies—such as serious drug distribution, homicide, or multi-defendant conspiracies—can last a year or longer.
What is the Virginia speedy trial law?
Virginia law requires that a defendant held continuously in jail on a misdemeanor be brought to trial within five months of arrest; for a felony, the deadline is nine months. If the Commonwealth fails to meet that deadline and the delay is not caused by the defendant, the court must dismiss the charge with prejudice. This statutory right encourages timely prosecution and protects defendants from indefinite pretrial detention.
Can a criminal case take longer than the typical timeline?
Yes, many factors can extend a criminal case beyond the average timeline. Continuances requested by either side, crowded court dockets, the need for expert witnesses, motions to suppress evidence, and the complexity of discovery all add time. A case that initially seems straightforward may become more involved once evidence is reviewed. While an attorney can help minimize unnecessary delay, some extensions are unavoidable as the case unfolds.
What happens at an arraignment in Virginia Beach?
At an arraignment, the judge informs the defendant of the charges and asks for a plea. For a misdemeanor, this is typically the first court appearance after an arrest or summons. The defendant may plead not guilty, guilty, or nolo contendere. If a not-guilty plea is entered, the court sets a trial date—usually within four to eight weeks. For a felony, the initial appearance serves a similar function, but the next major step is the preliminary hearing.
What is a preliminary hearing?
A preliminary hearing is a proceeding in the Virginia Beach General District Court where a judge determines whether probable cause exists to send a felony charge to the Circuit Court. It must occur within 21 to 60 days of arrest if the defendant is in custody. The Commonwealth presents evidence, and the defense may cross-examine witnesses. If probable cause is found, the case proceeds to the grand jury.
Do I need a lawyer for a criminal case in Virginia Beach?
While you are not required to have a lawyer, criminal charges carry serious consequences, and an attorney can protect your rights at every stage. A lawyer can evaluate the evidence, advise you on plea options, argue for bond or release, and represent you at trial. Even seemingly minor misdemeanors can result in jail time, fines, and a permanent record. To request a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747.
How does having an attorney affect the timeline?
An experienced attorney cannot guarantee a specific timeline, but can often prevent unnecessary delays and help resolve a case more efficiently. Effective counsel may file motions to dismiss, negotiate a plea agreement early, or streamline discovery. Without an attorney, a defendant may miss filing deadlines or fail to raise procedural objections that could shorten the process. While every case is different, having a lawyer generally helps the case move forward in an organized way.
What is a continuance and how does it affect the timeline?
A continuance is a court-ordered postponement of a hearing or trial date. Either the prosecution or the defense may request one, and judges grant them for reasons such as witness unavailability, the need for additional discovery, or scheduling conflicts. Continuances can add weeks or months to the overall case length. An attorney can object to unreasonable prosecution continuances and work to keep the case moving.
What should I do if I am arrested in Virginia Beach?
If arrested, you should remain silent, ask to speak with an attorney, and avoid discussing your case with anyone else. Do not post about the incident on social media or try to explain your situation to law enforcement without counsel present. Contact a criminal defense lawyer as soon as possible so that bond and early court dates can be addressed. Prompt representation can influence the timeline and outcome of your case.
What court handles criminal cases in Virginia Beach?
Misdemeanors and felony preliminary hearings are handled at the Virginia Beach General District Court, located at 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456. Felony trials take place in the Virginia Beach Circuit Court, which is in the same judicial complex. The General District Court is a high-volume court, and its docket can affect scheduling. Being familiar with both courts allows your attorney to prepare for the procedures and timelines unique to each.
For further guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team brings additional experience from backgrounds in prosecution and law enforcement. Together, they represent individuals facing criminal charges in Virginia Beach General District Court and Circuit Court, working to achieve favorable outcomes. Results may vary.
Related criminal defense resources: Fairfax County Criminal Defense · Prince William County Criminal Defense · Manassas Criminal Defense
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