Frequently Asked Questions

If you are a victim of or witness to a crime, or you just want to know what the Commonwealth's Attorney's Office and Victim/Witness Office do, below are some of our most frequently asked questions. Please feel free to submit questions of your own as well. However, remember that Commonwealth's Attorneys and members of their offices are ethically not permitted to discuss ongoing investigations or cases.

Virginia Rules of Professional Conduct, Rule 3:6

A lawyer participating in or associated with the investigation or the prosecution or the defense of a criminal matter that may be tried by a jury shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication that the lawyer knows, or should know, will have a substantial likelihood of interfering with the fairness of the trial by a jury.
A lawyer shall exercise reasonable care to prevent employees and associates from making an extrajudicial statement that the lawyer would be prohibited from making under this Rule.

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Investigations Questions

This section contains information regarding questions about crimes that have not yet been charged or even reported, or questions about cases that are currently being investigated.

Question 1

I feel like a crime has been committed. What should I do? Do I report the crime directly to the Commonwealth's Attorney's Office?

We get this question a lot, as many people who are victims or witnesses of crimes don't know what to do. Unfortunately, the Commonwealth's Attorney's Office does not have the authority or resources to investigate crimes; we can only prosecute crimes that are brought to us after the investigation has been completed by law enforcement. If you need to report a crime in progress, please call 911. If you want to report a crime that occurred in the past, please contact the appropriate law enforcement agency:

Amherst County Sheriff's Office - (434) 946-9300
Amherst Town Police - (434) 946-7885 or (434) 946-9300
Virginia State Police - (434) 582-5116

It is the responsibility of law enforcement to investigate crimes and issue arrest warrants if evidence suggests a crime has been committed. If the crime was a misdemeanor (such as assault and battery or trespassing), you may also visit the magistrate's office at the Amherst County Adult Detention Center, located at 219 South Riverview Road, Madison Heights, VA 24572.

Question 2

What if someone threatens me? Is that a crime? What can I do about it?

If someone threatens you, it may be a crime. The Virginia code allows criminal prosecution for direct threats made in writing, threats made to certain individuals, or threats made to a witness or victim for the purpose of preventing them from testifying. If you fall into one of these categories, please contact the relevant law enforcement agency and report the threat as a crime. Even if you do not fall into one of these categories, the Amherst County Victim Witness Advocates can help you file for a protective order against the individual who made those threats. Please contact the Victim Advocates at (434) 946-9347 to set up an appointment to discuss a protective order or visit Court Services at the Amherst County Courthouse.

Prosecution Questions

This section contains information about prosecutors and how they are assigned to cases. It also may contain information about questions regarding the prosecutor's role in the legal process.

Question 1

I was the victim of a crime. Will a prosecutor be assigned to handle my case?

The Amherst Commonwealth's Attorney's Office prosecutes every felony case as well as misdemeanors that may result in jail time and in which the defendant is represented by an attorney. If you have questions about the prosecutor who is handling your particular case, please call (434) 946-9316 or email Jenny Hunter or Erica Hudson. You may also call the Amherst County Victim Witness Advocates at (434) 946-9347 to set up an appointment to speak with them about your case, or you can email Lauren Shelton or Judy Brooks. Please note that Commonwealth's Attorneys may not speak with anyone who is a criminal defendant and who is represented by an attorney about their case; those communications must go through the defendant's attorney.

Pre-trial Questions

This section contains information about questions you may have before your case comes to court or about the nature of the crime itself.

Question 1

What is the difference between a felony and a misdemeanor?

A felony is a serious crime that may be punished with more than a year of jail time and a fine. Felonies have six classifications, with possible punishments ranging from no active jail time all the way up to life in prison, depending on the severity of the crime committed. A misdemeanor is a less serious crime that is punishable by confinement in jail for not more than twelve months and a fine of not more than $2,500.

Question 2

Why am I a witness if I didn't see a crime happen?

Witnesses are not limited to eyewitnesses who saw a crime occur. Witnesses may be called because they know something about a piece of evidence or may possess evidence that contradicts another witness's testimony. Witnesses may also be called if they are the victim of a crime, even if they were not present when the crime was committed. You might think that what you know about the case is insignificant, but sometimes small pieces of information are required to build a complete picture of what happened. If you want to know why you are testifying in a particular case, you can ask the prosecutor or the Victim Witness Advocate. If you have been subpoenaed to court, there is a good reason for it. Please keep in mind as well that your presence and willingness to testify may be the deciding factor in determining what will be done in the case. Many defendants often hope that you or another witness will not show up. Often your mere presence at the courthouse before the trial will convince the defendant to plead guilty.

Question 3

What if the Defense Attorney contacts me?

In representing his or her client, a Defense Attorney may contact you and want to talk about the case. You may discuss the case with the attorney, but you are not required to do so. Please remember that if you do choose to talk to anyone about your case, you should always request proper identification and an explanation of the interview's purpose.

Question 4

How was the initial charging decision made in my case? Can that be increased or reduced?

Each individual case is different. The law enforcement agency that investigates a case is responsible for filing the initial warrant, which must be granted by a magistrate based on the officer's statements. The magistrate will issue the charge that best represents the evidence presented by the officer at the time the warrant is sworn. As the case develops and more evidence is collected and analyzed, the charge can be modified as necessary. However, the Commonwealth's Attorney has a responsibility not to prosecute a case that he or she knows the evidence cannot support. If you have questions about your particular case, please call our office at (434) 946-9316, or contact the prosecutor assigned to your case.

Question 5

I don't want to go forward with my charges anymore. Can I drop them?

Unlike some other states, in the Commonwealth of Virginia once a charge is filed the Commonwealth is the party to the case, not the individual victim. The Commonwealth's Attorney's Office has a general policy that we do not drop charges prior to court. This is to protect you and to document what has already occurred.

Question 6

My family member or friend was murdered. Can the Defendant get the death penalty?

For many years, prosecutors in Virginia were able to seek the death penalty in capital murder (now aggravated murder) cases, which is defined in § 18.2-31 of the Code of Virginia. However, in 2021 the Virginia legislature and Governor Northam abolished the death penalty. Now the maximum penalty that can be sought under the law is a mandatory life imprisonment, which eliminates the possibility of any sort of parole.

Subpoena Questions

This section contains information regarding questions about subpoenas to testify in court.

Question 1

I was issued a subpoena for Court. What happens if I don't show up?

If you have not specifically been excused from your court appearance by the Commonwealth's Attorney's Office, an unexcused failure to appear on your court date could result in your being fined or jailed for contempt of court. Even if you are the victim of a crime and do not wish to go forward, the best option is to appear at court and inform the prosecutor and victim witness advocate of your wishes. They will be able to work with you to ensure that justice is done and your wishes are considered.

Question 2

I am a witness to a crime, and I found a court date for the Defendant online, but I haven't received a subpoena. Should I come to court anyway?

We get this question a lot and for a variety of reasons. Sometimes it depends on the type of hearing that is being held. For example, witnesses do not need to appear for Grand Jury proceedings or Motions hearings. Sometimes it also depends on whether your testimony is needed. The Commonwealth's Attorney's Office might be able to prove the case without your testimony, in which case they chose not to issue you a subpoena so that you would not be compelled to come to court. It is also possible that the Commonwealth's Attorney's Office is unaware of the testimony that you could provide in a case, either because the law enforcement agency did not pass information along or because they did not know about it either. In any case, you are always welcome to attend General District Court or Circuit Court, though in most cases Juvenile and Domestic Relations Court cases are not open to the public. If you believe your testimony could be helpful to a case, please contact our office at (434) 946-9316 or email Jenny Hunter or Erica Hudson.

Question 3

What if I was subpoenaed but my employer won't let me come to court?

If you are lawfully subpoenaed to court, an employer cannot legally prevent court attendance. When appropriate, the Commonwealth's Attorney's Office can contact your employer to discuss the importance of your role as a witness. We can also provide you with a note confirming the days and hours when you were in court.

Question 4

How do I know if my case has been called off?

If you have been subpoenaed to court, the Victim Witness Advocate assigned to your case will make every attempt to contact you if the case is continued or if you no longer have to appear. Please make sure the Victim Witness office has updated contact information for you if you move, change phone numbers, or change email addresses. You may also call the Victim Witness office at (434) 946-9347 or email Lauren Shelton to check on the status of a case or confirm whether it is still on the docket.

Questions about Court

This section contains information regarding questions you may have about the court process itself and various types of hearings in court.

Question 1

I'm scared to testify. Do I have to show up and testify in front of the Defendant?

Under the 6th Amendment to the US Constitution, the Defendant has a right to confront witnesses who testify against him. This means you will have to testify in the defendant in the room. There are some exceptions that can be made for a child who was no more than 14 at the time of the crime and 16 at the time of the trial, and only for certain crimes; if you believe you qualify for this exception, please speak with the prosecutor assigned to your case. Otherwise, the Commonwealth's Attorney's Office and Victim Witness Office are prepared to take reasonable efforts to help make the process of testifying easier. This can include a walkthrough of the courtroom before the day of trial, meetings, opportunities to practice testifying, and other options in some rare cases. Please speak with the Victim Witness Advocate assigned to your case about these options.

Question 2

What is an advisement date, and do I have to come?

An advisement date is a date for the defendant to appear before a judge to be informed of the charges brought against them and to be advised of their right to an attorney. If the defendant cannot afford to hire a lawyer, one will be appointed for them by the judge. The defendant is the only person who needs to be present for the advisement hearing. No evidence will be heard by the judge at this court event, so the victim and witnesses do not need to come.

Question 3

The defendant is scheduled for a bond hearing. Does that mean they will be released? Should I attend this hearing?

The Commonwealth's Attorney's Office has a general policy that we do not agree to bond for defendants. If the magistrate made the decision that they should be held in jail until trial, the Commonwealth will ask that they be held even if the defendant thinks they should be released. However, in Virginia the court is required by law to presume that the defendant should be released unless the Commonwealth can show that they should not be released because they are a danger to others or because they may not appear at court. It is sometimes helpful to have the victim attend a bond hearing, as the Commonwealth's Attorney can speak with you about the case and use what you say to help make their argument to the Court. However, you do not need to appear at this hearing.

Question 4

What is a preliminary hearing, and do I have to come?

A preliminary hearing is the legal process in which the judge decides whether there is enough evidence to send a defendant's charges to a Grand Jury. The judge, defendant, defense attorney, prosecutor, and any necessary victims or witnesses are present at this proceeding. Since the prosecutor only has to prove to the judge that there is enough evidence to show that a crime has been committed, they will often only put on a minimal amount of evidence - just enough to justify further proceedings. If the prosecution establishes sufficient evidence, the case is certified to the Grand Jury. If you receive a subpoena to come to the preliminary hearing, then you must appear; otherwise, you are not required to come. However, if you think your testimony could be helpful to the prosecution, please contact our office at (434) 946-9316 to speak to the prosecutor handling that case.

Question 5

My case was certified to the Grand Jury. What does that mean, and do I have to come?

A regular Grand Jury is called approximately once every two months. They hear evidence from a law enforcement officer and determine whether, based on that law enforcement officer's testimony, there is probable cause to believe the defendant committed the crime that is charged. Probable Cause simply means that a reasonable person could find a probability that the defendant committed the crime. If the Grand Jury determines that probable cause exists, they return a True Bill on the indictment, and the case will proceed and will be scheduled for further hearings. If they find that probable cause does not exist, they will return a Not True Bill. Since the Grand Jury only hears testimony from the law enforcement officer, you do not need to come. If your case is returned as a True Bill, a subpoena will be issued for you for your court date. If your case is returned as a Not True Bill, you will be contacted by someone from the Commonwealth's Attorney's Office to discuss what happens next.

On very rare occasions, an investigative Special Grand Jury will be called to investigate a crime. In this case, if you are a witness to that crime you may receive a subpoena to come testify in front of the Special Grand Jury, in which case you must appear at the date and time on the subpoena.

Question 6

How long will I be in court?

On the day of court, the time you actually spend testifying may not take very long. Most of your time will probably be spent waiting for your turn to take the witness stand. We encourage you to bring a book or something else to do while you wait.

Question 7

Who will be with me in court?

You may bring friends or relatives with you to court, and they can probably sit in the courtroom while you testify unless they are also witnesses. A Victim Witness Advocate may also be with you, at your request, for support purposes.

Question 8

Can the prosecutor make a plea agreement without consulting me? I want to make sure the Defendant is properly punished.

This is a question that comes up often. We meet with victims routinely and have Victim Witness Advocates who also meet with victims regularly. We try to exchange contact information with our victims on all felony and on most misdemeanor cases. If your contact information has changed, please contact our Victim Witness Advocates at (434) 946-9347 or email Lauren Shelton or Judy Brooks to update your information.

A victim's rights are protected by statute in Virginia. Virginia Code §19.2-11.01 explains these rights. In a felony case, the prosecutor will consult with the victim prior to a plea agreement and will inform them of the contents of the proposed agreement. The prosecutor will listen to the victim's views on this agreement and carefully consider those wishes. While the final decision on a plea agreement remains with the prosecutor, a victim's wishes heavily influence that decision and are always carefully considered before a plea offer is entered. In addition, you as the victim have the right to come to court for the entry of the guilty plea and plea agreement, but you are not obligated to do so.

Post-Trial Questions

This section contains information regarding questions you may have about what happens after a case is heard in court.

Question 1

My case was nolle prosed, or nolle prosequied. Does that mean it was dropped? Can it come back?

When a case is nolle prosequied, the Commonwealth's Attorney has determined that they are unable to proceed with your case at a given moment in time. This could be because of a problem with evidence, a witness's availability, or another reason. The case is not dismissed or dropped and may be refiled at a later date if the Commonwealth determines that the reason for the nolle prosequi has been corrected and that the case should proceed.

Question 2

I can't afford to pay the medical expenses that resulted from this crime. What can I do?

Victims of crimes who suffer from physical injuries as a result of a crime may be eligible for state compensation to cover medical expenses, psychological counseling, partial loss of earnings, or funeral expenses. For assistance in filing your claim or to obtain a Criminal Injuries Compensation Form, please contact the Victim Witness Office at (434) 946-9347 or email Lauren Shelton. In addition, please tell the Commonwealth's Attorney or Victim Witness Advocate what expenses you have or what damages you have suffered as a result of this crime. Often a defendant will be ordered to pay restitution to you as part of their sentence. Please contact the prosecutor handling your case or the Victim Witness Advocate if you believe you are entitled to restitution in a case that has not yet been sentenced.