Fairfax County Criminal Court

Fairfax County Criminal Court hears all criminal cases in Fairfax County. Below you will find specific information about criminal cases and how they are handled in Fairfax County.

Where can I get help for my Fairfax County criminal case?

The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Fairfax County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.

Jury Deliberations in Fairfax County

In Fairfax County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.

Fairfax County Criminal Court

Fairfax County Criminal Court

The Right to Trial by Jury

The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.

Fairfax County Required Court Appearances

In Fairfax County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.

Where will Fairfax County criminal case hearings take place?

Criminal cases will take place at the criminal courts of Fairfax County. See here for the location of the criminal courts in Fairfax County.

What is the Burden of Proof?

The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.

Appealing a guilty verdict

A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.

What if I can’t afford an attorney?

The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.

Defendant Sentencing

At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.

Plea Agreements

A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Fairfax County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.

Who is the prosecutor for Fairfax County?

Depending upon the case, the prosecutor for Fairfax County criminal cases will either be a representative of Fairfax County or a representative from Virginia. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.

What happens in Fairfax County at an arraignment?

In Fairfax County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.

Fairfax County Criminal Court Locations

  • Fairfax County Circuit Court – 19th Judicial Circuit

    Address: 4110 Chain Bridge Rd, Fairfax VA 22030
    Phone: 703-691-7320

  • Fairfax County General District Court – 19th Judicial District

    Address: 4110 Chain Bridge Rd, Fairfax VA 22030
    Phone: 703-246-2153

  • Fairfax County General District Court – 19th Judicial District (Herndon)

    Address: 765 Lynn St, Herndon VA 22070
    Phone: 703-246-3305 (Criminal) Phone: 703-246-3764 (Traffic)

  • Fairfax County General District Court – 19th Judicial District (Vienna)

    Address: 127 S Center St S, Vienna VA 22180
    Phone: 703-246-3305 (Criminal) Phone: 703-246-3764 (Traffic)

  • Fairfax County Juvenile and Domestic Relations District Court

    Address: 4110 Chain Bridge Rd, Fairfax VA 22030
    Phone: 703-246-3367

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