FAQs • Dinwiddie County, VA • CivicEngage

What is a preliminary hearing?: The preliminary hearing, which takes place in either the General District Court or the Juvenile and Domestic Relations Court, is where the judge hears the Commonwealth's evidence to determine if there is sufficient evidence to send felony charges to the grand jury for indictment in the Circuit Court. Therefore, the Commonwealth usually will not present all of its evidence at the preliminary hearing. If the district court judge does not find probable cause for a felony, then that charge will be dismissed unless the judge finds sufficient evidence to convict the defendant of a lesser included misdemeanor instead. If the district judge finds that there is probable cause that the defendant committed the felony charged in the warrant, that felony charge is certified to the next grand jury. The grand jury, which is convened in the Circuit Court, will then hear some of the Commonwealth's evidence to determine whether it finds probable cause for the felony charge. If the grand jury finds probable cause, it returns a true bill, thereby indicting the defendant.

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Commonwealth's Attorney

1. What is the difference between the Commonwealth's Attorney and the County Attorney?: The Commonwealth's Attorney's Office prosecutes all criminal and traffic cases occurring within Dinwiddie County. They prosecute the most serious crimes known as felonies, including murder, rape and robbery. They also prosecute misdemeanors and violations of local ordinances, including some traffic offenses.
The County Attorney's Office provides counsel and advice in all civil matters to the Board of County Supervisors and all boards, commissions, departments, agencies, offices and officials of the general County government.

2. Can I drop charges that have already been filed?: No. Once charges have been filed, either by a law enforcement officer or citizen by way of sworn citizen's criminal complaint, charges cannot be dropped.

3. Can the Commonweath's Attorney give me legal advice about private legal matters?: No. We are prohibited from giving legal advice regarding a case you have or are thinking about pursuing. A private attorney can give you that kind of legal advice. This Office is not legally permitted to represent individuals in civil matters. It is generally a good idea to consult with private counsel to explore private legal remedies that might be available.

4. Will a Commonwealth's Attorney represent me on a traffic ticket?: The Commonwealth does not participate in the 9:00 a.m. Thursday traffic docket. We only participate in the traffic matters set for 1:30 p.m. on Thursdays which involves DUIs or other criminal charges associated with the traffic offense.

5. How can I get my property returned in a criminal case?: If you are a victim of a crime, contact the Dinwiddie County Sheriff's Department or Virginia State Police that handled the case once the case is resolved. If the police department receives clearance from the Commonwealth's attorney to return your property, it will be returned to you. If you are a defendant, please contact your attorney so he or she can facilitate the return of your property. State law prohibits firearms or other contraband to defendants after conviction.

6. How do I get a copy of a police report?: State law prohibits that the government is not obligated to release any part of a criminal investigative file, which includes police reports. With this in mind, our Office does not release police reports to the public.

7. How do I pay a traffic ticket?: Contact the General District Court at (804) 469-4533.

8. How can I have my criminal record expunged?: Because there are different procedures depending on what the crime was and how the sentencing was handled, you need to go to the court that convicted you, and request from the clerk's office, the correct forms and procedures for expungement.

9. If I get a subpoena, do I have to go to court?: Yes. A subpoena is an order of the court. You must go to court unless the court or the party who caused the subpoena to be issued excuses you. If you fail to appear, the judge may issue a warrant for your arrest.

10. What is an arraignment?: An arraignment is the defendant's initial appearance where he/she will be advised of the charges against him/her. The judge at the arraignment will also determine whether the defendant is able to afford his/her own attorney, whether he/she qualifies for court appointed counsel, or whether he/she chooses to waive his/her right to an attorney. If the defendant qualifies for court appointed counsel, the judge will appoint counsel at the arraignment and tell the defendant how to get in touch with his/her attorney. Finally, the judge will give the defendant his/her trial or preliminary hearing date at the arraignment.

11. What is a preliminary hearing?: The preliminary hearing, which takes place in either the General District Court or the Juvenile and Domestic Relations Court, is where the judge hears the Commonwealth's evidence to determine if there is sufficient evidence to send felony charges to the grand jury for indictment in the Circuit Court. Therefore, the Commonwealth usually will not present all of its evidence at the preliminary hearing. If the district court judge does not find probable cause for a felony, then that charge will be dismissed unless the judge finds sufficient evidence to convict the defendant of a lesser included misdemeanor instead. If the district judge finds that there is probable cause that the defendant committed the felony charged in the warrant, that felony charge is certified to the next grand jury. The grand jury, which is convened in the Circuit Court, will then hear some of the Commonwealth's evidence to determine whether it finds probable cause for the felony charge. If the grand jury finds probable cause, it returns a true bill, thereby indicting the defendant.

12. How do I go about getting a Protective Order against someone who is physically abusing or threatening me?: Contact Court Services at (804) 469-4539.

13. What do I do if I have not received my court ordered restitution?: Contact our Office at (804) 469-4536.