Virginia Beach Magistrate Office

The Virginia Beach Magistrate Office operates under the supervision of the Office of the Executive Secretary of the Virginia Supreme Court.  Magistrates are judicial officers of the Commonwealth of Virginia and are not connected with law enforcement.  One of a magistrate’s principal functions is to provide an independent, unbiased review of complaints from law enforcement officers and citizens to determine if there is probable cause for criminal charges.  Magistrates may conduct hearings in person and through designated videoconference systems. 

The Virginia Beach Magistrate Office is open twenty-four hours a day, 365 days a year at the Virginia Beach Correctional Center, Building 7C, across from the Harris-Teeter Shopping Center off Nimmo Parkway.  A second office is located at the Second Police Precinct, 820 Virginia Beach Blvd., but that office is not always open.  Please call for information on when the 2nd Precinct Office is open.  No appointment is necessary at either office. 

In addition to determining probable cause for criminal charges, magistrates may also:

 

• Issue search warrants​
• Admit to bail or commit to jail following an arrest
  
• Issue mental health and medical emergency custody orders and temporary detention orders
  
• Issue emergency protective orders
• Accept prepayment of fines and court costs for certain traffic and misdemeanor offenses; and
• Issue civil warrants and order pre-trial levies and seizures in certain circumstances.
  

 

Magistrate authority may be exercised within the region in which the magistrate serves.  Virginia Beach is within Magistrate Region 7, which also includes Portsmouth, Norfolk, and Eastern Shore.

A magistrate may provide general legal information, but may not provide legal advice.  You should consult an attorney if you need legal advice.  The Virginia State Bar offers an attorney referral service.  You find additional information on the Virginia State Bar website at http://www.vsb.org/vlrs/ or by calling (800) 552-7977 or (804) 775-0808.

 

Additional general information is provided below:

Q​uestions and Answers about Arrest Warrants

Question:  When does a magistrate have authority to issue an arrest warrant or summons?

Answer:  A magistrate issues an arrest warrant or summons if there is probable cause that the person charged committed a crime.  “Probable cause” must be based on specific facts or evidence to establish a probability or substantial chance of criminal activity.  However, probable cause does not require proof beyond a reasonable doubt.  If a complainant is not a law enforcement officer, a magistrate may issue an arrest warrant for a felony only with prior authorization from the Commonwealth Attorney.  The Virginia Beach Commonwealth Attorney normally authorizes issuance of a felony warrant only if there has been a police investigation into the charges.  You may contact the Virginia Beach Police Detective Bureau at 385-4101 to request a police investigation.

Question:  How do I request that a magistrate issue an arrest warrant or summons?

Answer:  You must appear before a magistrate in person and provide testimony or other evidence under oath.  You must also submit a sworn, written complaint.  You may be charged with perjury if you willfully provide false information under oath.  Although formal rules of evidence do not apply, you must provide sufficient evidence for the magistrate to determine that the evidence is reliable and establishes all elements of the alleged offense.  

Question:  What is the difference between an arrest warrant and a summons?

Answer:  An arrest warrant orders a law enforcement officer to physically arrest the person charged and take that person into custody.  A summons requires the person to appear in court to answer the charges, but does not require that the person be physically arrested.  A magistrate may also issue an arrest warrant that permits the arresting officer to execute the warrant as a summons at his or her discretion.

Question:  What happens after a magistrate issues an arrest warrant or summons?

Answer:  The warrant or summons is sent to the primary law enforcement agency where the offense was committed.  All warrants or summonses for offenses committed in Virginia Beach are forwarded to the Virginia Beach Police Department.  The Magistrate’s Office does not retain copies or keep other evidence.  After service, the warrant or summons is forwarded to the appropriate court.  The court has no record that a warrant or summons has been issued until after it is served.  Contact the Virginia Beach Police Department if you believe a warrant or summons may have been issued for you.

Question:  What happens if I change my mind after a warrant or summons is issued?

Answer:  A magistrate does not have authority to terminate a valid warrant or summons after it is issued.  Only a court may formally dismiss the charges. 

Question:  Will I be required to appear at trial?

Answer:  Yes.  The court will use the information you provide on a subpoena request form to notify you when a trial date is set.  For cases pending in a General District or Circuit Court, you may also find case information at www.courts.state.va.us.  For most misdemeanor offenses, the Commonwealth Attorney’s Office is not involved in the prosecution.  You may contact the Commonwealth Attorney’s Office at 385-4401 to ask for prosecution assistance.  When the case is called, you will be given an opportunity to present evidence to the court to prove that the offense was committed.  If you do not appear for trial, the court may either dismiss the charges or find the defendant not guilty.  If the court dismisses a charge with prejudice or finds the defendant not guilty, he or she may not be tried again for the same offense.  Additionally, the person charged may file a lawsuit against you if the charges are dismissed or he or she is found not guilty, and you may be held personally liable for damages.

Question:  May a magistrate order the person charged to pay for damages or to return my property?

Answer:  No.  However, you may ask the court to order restitution if the defendant is found guilty.

​Questions and Answers about Emergency Protective Orders

Question:  When does a magistrate have authority to issue an Emergency Protective Order?

Answer:  Under Virginia law, a Magistrate has authority to issue an Emergency Protective Order if:

 

• A family member or household member battered or physically abused you or engaged in conduct that created a reasonable apprehension of death, sexual abuse, or bodily injury, and there is a probable danger of further abuse; or
• Another person committed an act of violence, force, or threat against you and there is a probable danger of a further such offense or an arrest warrant is issued for a crime involving violence, force, or threat.

 

A Magistrate does not have authority to issue other kinds of “restraining orders” or injunctions.

Question:  Who may request an Emergency Protective Order?

Answer:  Only a law enforcement officer or the person to be protected may petition in person for an Emergency Protective Order.  You must also submit a written complaint under oath.  You may not petition for an Emergency Protective Order on behalf of another person.

Question:  What does an Emergency Protective Order require?

Answer:  An Emergency Protective Order prohibits further acts of violence, abuse, or criminal offenses involving injury to persons or property.  It may also order that the respondent have no contact with you and other members of your family.  A Family Abuse Emergency Protective Order may also grant exclusion possession of a residence.  However, an Emergency Protective Order does not give child custody or require that the person to whom it is issued stay a fixed distance away from you.

Question:  How long is an Emergency Protective Order in effect?

Answer:  An Emergency Protective Order lasts approximately 3 days.  However, it is not enforceable until it is personally served by law enforcement.  After it is issued, an Emergency Protective Order will be given to the Virginia Beach Police Department for service. 

Question:  How can I obtain an order that will be in effect for more than 3 days?

Answer:  You may petition a court for a preliminary protective order whether or not you requested or received an Emergency Protective Order. 

A petition for a preliminary protective order involving a juvenile or a family or household member may be filed through the Virginia Beach Court Services Unit on the ground floor of the Courthouse (below the Juvenile and Domestic Relations Court).  The Court Services Unit strongly encourages petitioners to arrive at 8:00 a.m. to get on the court schedule for that day. 

A petition for a preliminary protective order for acts of violence, force, or threat by other than a juvenile or a family or household member may be filed with the General District Court Clerk’s Office, Civil Division, on the second floor of the courthouse.  You should also arrive early in the day to get on the court schedule.

A court may issue a preliminary protective order that remains in effect for approximately 15 days.  After holding a hearing, a court may issue a protective order that will be in effect for up to 2 years. 

 

Questions and Answers about Bail

Question:  What is bail? 

Answer:  Following an arrest, a magistrate conducts a hearing to determine if a person will be held in jail or released on bail.  Bail is determined on a case-by-case basis.

Question:  What factors does a magistrate consider when determining bail? 

Answer:  By law, a magistrate must consider: (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the offense; (iii) the weight of the evidence; (iv) the financial resources of the accused and his or her ability to pay bond; (v) the character of the accused including family ties, employment or involvement in education; (vi) length of residence in the community; (vii) record of convictions; (viii) appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; (ix) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a prospective witness, juror, or victim; and (x) any other information available which is considered relevant to whether the accused is unlikely to appear for court proceedings.  For certain offenses, a magistrate is required to presume, subject to rebuttal, that no condition of bail will reasonably assure the person’s appearance for trial or protect public safety.  Additionally, for certain offenses, a magistrate is required by law to set a secure bond unless the Commonwealth Attorney agrees otherwise.

Question:  What types of bail may a magistrate set? 

Answer:  A magistrate may order a person’s release based solely on the person’s written promise to appear in court for trial, or may require the person to execute an unsecured bond or a secure bond.  A magistrate may also impose other conditions of release.  Additionally, for safety reasons, a person who is intoxicated may be held in custody until his or her condition changes or a responsible person is willing to serve as a custodian.  A magistrate may also order a person held without bail.

Question:  What is an unsecured bond? 

Answer:  An unsecured bond involves the person’s promise to appear with the possibility that the court may order the person to forfeit the amount of the bond if he or she fails to appear or violates other conditions of release.  However, it is not necessary for a person to pay an unsecured bond or demonstrate financial ability to pay that bond prior to release from custody.

Question:  How may a secure bond be posted?  

Answer:  Under § 19.2-123 of the Code of Virginia, a secure bond may be satisfied by cash, by real property (land), or by personal property.  Real or personal property must be worth at least the amount of the bond.  You may also make arrangements with a licensed bondsman to post a bond for you.  A licensed bondsman will charge a fee for posting a bond.  By law, a licensed bondsman must charge not less than 10 percent or more than 15 percent of the amount of the bond.  The Virginia Department of Criminal Justice Services regulates licensed bondsmen.

Question:  If I satisfy a secure bond with cash, do I have to pay the full amount?  

Answer:  Yes.  You must pay the full amount of the bond to satisfy a secure bond with cash.

Question:  How do I satisfy a secure bond with real property? 

Answer:  You must show that you own the real property and have equity worth at least the amount of the bond.  You must have the following documents:

 

• The deed to the property or a certified copy of the deed;
  
• If there is a deed of trust or other mortgage, a statement from the lender showing that payments are current;
• A recent appraisal or a current City or County property assessment; and
• A current tax receipt.

 

If the property is jointly owned by more than one person, each owner must be present to sign an Affidavit of Surety and other papers.

Question:  How do I satisfy a secure bond with personal property? 

Answer:  Personal property includes vehicles; financial interests such as certificates of deposit, retirement accounts or other bank accounts, mutual funds, and stocks or bonds; and other property.  Again, you must show that you own the property and that it is worth at least as much as the amount of the bond.  For vehicles, you must show the vehicle title to establish ownership.  Value is based on the current fair market value of the property, and may be shown by an appraisal, tax assessment, vehicle “blue book” value, current bank statement, or other information.  For bank accounts or other financial interests, you must show that the minimum available balance in the account is at least equal to the amount of the bond.  Each owner will also be required to sign an Affidavit of Surety.  You are not required to surrender your property to a magistrate. 

Question:  What is an Affidavit of Surety? 

Answer:  An Affidavit of Surety is an official form, signed under oath, in which you swear that you are the legal owner of real or personal property and provide information about its value.  You may be charged with perjury if you knowingly make a false statement on the Affidavit of Surety.

Question:  How long does a bond remain in effect? 

Answer:  The bond remains in effect until final disposition of the charge(s), including any appeals, unless a court releases you.  The court may order that you forfeit the bond if the person fails to appear for any court hearing.  If you want to be released after you have posted a bond, you must ask the court to issue a capias for the arrest of the person for whom the bond is posted.  You normally will not be released from the bond until that person is arrested and placed in jail.  The court will refund the full amount of a cash bond to you following final disposition of the charge(s), including any appeals, unless you agree to allow the bond to be applied to fines or costs that may be imposed by the court. 

Question:  What happens if a magistrate orders a person held without bail or the person is unable to satisfy a secure bond? 

Answer:  He or she will remain in custody and appear before a court on the next court day.  He or she may appeal the magistrate’s decision to the court.

 

Questions and Answers on Emergency Custody and Temporary Detention Orders

Question:  When may a magistrate issue an emergency custody order for a person with mental health issues? 

Answer:  A magistrate may issue an emergency custody order for an adult or juvenile based on evidence that the person suffers from a mental illness, that he or she is a danger to self or others or is likely to suffer serious harm due to an inability to properly care for self as a result of that mental illness, that hospitalization or treatment is required, and, for an adult, that he or she is unable or unwilling to consent to treatment.  An emergency custody order directs a law enforcement officer to take a person into custody and transport him or her to a specified location so that he or she may be evaluated to determine if mental health treatment is needed.  An emergency custody order normally allows a 4-hour period for an evaluation and to determine a suitable facility if further treatment is necessary.  During that time, an employee or designee of the Virginia Beach Department of Human Services conducts an evaluation.  A magistrate may extend that order for 2 additional hours if necessary.  If possible, please contact the Virginia Beach Department of Human Services at (757) 385-0888 to ensure necessary coordination before contacting the Magistrate Office.  A law enforcement officer also has independent authority to place a person in custody and transport that person for an evaluation if the officer believes he or she meets the criteria for emergency custody.

Question:  When may a magistrate issue a temporary detention order for a person with mental health issues? 

Answer:  A magistrate may issue a temporary detention order based on evidence that an adult or juvenile suffers from a mental illness, that he or she is a danger to self or others or is likely to suffer serious harm due to an inability to properly care for self as a result of that mental illness, that hospitalization or treatment is required, and, for an adult, that he or she is unable or unwilling to consent to treatment.  The magistrate must consider the results of an evaluation conducted by the Virginia Beach Department of Human Services when determining whether or not to issue a temporary detention order.  If possible, please contact the Virginia Beach Department of Human Services at (757) 385-0888 to ensure necessary coordination before contacting the Magistrate Office.  A temporary detention order directs a law enforcement officer to take a person into custody and transport him or her to a specified facility for further treatment.  Unless the medical facility director determines that treatment isn’t necessary, the person will remain in custody until a court holds a civil proceeding to determine if involuntary admission is needed.  A hearing is normally held within 48 to 96 hours.  

Question:  When may a magistrate issue an emergency custody order for a person who requires emergency medical treatment? 

Answer:  A magistrate may issue a medical emergency custody order if an adult has an illness or injury that is likely to result in severe and irremediable harm and resists transport to a hospital or other emergency treatment and, as a result of illness or injury, is incapable of giving informed consent to medical treatment.  Before issuing a medical emergency custody order, a magistrate must hear evidence from a licensed physician on the applicable standard of care and that the person is incapable of giving informed consent.  A medical emergency custody order directs law enforcement to transport the person to a designated medical facility for further evaluation.  A magistrate has no authority to issue a medical emergency custody order for a juvenile. 

Question:  When may a magistrate issue a medical temporary detention order?

Answer:  A magistrate may issue a medical temporary detention order if an adult has a serious illness or injury that is likely to result in death, disability, or serious irreversible injury within 24 hours, and as a result of illness or injury, the person is unable to give informed consent to necessary medical treatment.  Before issuing a medical temporary detention custody order, a magistrate must hear evidence from a treating physician on the applicable standard of medical care and that the person is incapable of giving informed consent.  A medical temporary detention order allows the person to be detained for 24 hours to permit necessary medical treatment.  A magistrate has no authority to issue a medical temporary detention order for a juvenile.