Questions and Answers About Criminal Charges
  • May a magistrate order the person charged to return my property or pay for damages?

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

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

    ​A magistrate is required to issue an arrest warrant or summons if he or she determines 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.

  • ​How do I request that a magistrate issue an arrest warrant or summons?

    A magistrate may not issue a criminal charge based on a phone call.  You must appear in person before a magistrate and provide testimony or other evidence under oath.  You must also submit a sworn written complaint.  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.  You may be charged with perjury if you willfully provide false information under oath.  

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

    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 evidence.  After service, the warrant or summons is forwarded to the appropriate court.  The court then schedules the case for trial.  The court has no record that a warrant or summons has been issued until after it is served and filed with the court.  The Virginia Beach Police Department lists outstanding arrests warrants and summonses online at ePro Active Warrant Search.  You may also contact the Virginia Beach Police Department if you believe a warrant or summons has been issued for you.

    If you discover there is a warrant for your arrest, you may turn yourself in to the Virginia Beach Police Department.  The Virginia Beach Sheriff Office also holds some warrants issued by the Virginia Beach General District Court.  YOU MAY NOT TURN YOURSELF IN AT THE MAGISTRATE OFFICE.

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

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

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

    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 he or she 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.​

  • Will I be required to appear at trial?

    Yes.  You will be asked to complete a subpoena request form when you appear in the magistrate office and the court will use the information on the subpoena request form to notify you when a trial date is set.   You may also find case information on cases pending in a General District or Circuit Court on the Virginia Judicial System website.  The Virginia Beach Commonwealth Attorney’s Office is not involved in prosecuting most misdemeanor offenses.  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 dismiss the charges or find the defendant not guilty.  If the court finds the defendant not guilty or dismisses a charge with prejudice, he or she may not be tried again for the same offense.  Additionally, the person charged may file a lawsuit against you if he or she is found not guilty or the charges are dismissed and you may be personally liable for damages.

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