Office of the Commonwealth’s Attorney

Click on the question to view the answer below:

• Who is a victim?
• Who is eligible for help?
• What is the Criminal Injuries Compensation Fund (CICF)??
• Can I drop the charges?
• How do I subpoena a witness?
• How do I check the Court date?
• How do I find out if/when a defendant is released from jail?
• How do I find out if my case has been continued?
• What if I need an interpreter for Court?
• What do I do if I haven't received my court ordered restitution?
• What is a Victim Impact Statement?
• On what Court level will my case be heard?
• What is the difference between the County Attorney Office and the Commonwealth's Attorney Office?
• Will I be paid to come to court?

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WHO IS A VICTIM?

"Victim" means:

(a) a person who has suffered physical, psychological or economic harm as a direct result of the commission of a felony, assault and battery, stalking, sexual battery, attempted sexual battery, maiming or driving while intoxicated;

(b) a spouse or child of such a person,

(c) a parent or legal guardian of such a person who is a minor,

(d) a spouse, parent, sibling or legal guardian of such a person who is physically or mentally incapacitated or was the victim of a homicide

HELP IS AVAILABLE FOR VICTIMS/WITNESSES OF:

• Homicide
• Involuntary manslaughter
• Adult sexual assault
• Adults molested as children
• Child sexual and physical abuse
• Elder abuse
• Robbery
• Assault & Battery
• Malicious wounding
• Domestic violence
• Stalking
• Burglary
• Financial crimes/identity theft and fraud

WHAT IS THE CRIMINAL INJURIES COMPENSATION FUND (CICF)?

The Criminal Injuries Compensation Fund was created by the Virginia Compensating Victims of Crime Act on July 1, 1977, to pay unreimbursed expenses of victims who suffer personal physical injury, emotional injury or death as a result of a crime. The program is funded by fees collected from persons convicted of felonies and certain classes of misdemeanors. No tax dollars are used to support this fund. CICF is administered by the Virginia Workers' Compensation Commission.

For more information about eligibility, benefits, or to download an application, visit the CICF Web site at www.cicf.state.va.us.

CAN I DROP THE CHARGES?

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.

HOW DO I SUBPOENA A WITNESS?

If an officer has filed charges: -contact that police officer

If it is a citizen's complaint: - pick up a request for subpoena from the clerk or magistrate's office - fill out the name and address of the person to be served with the subpoena - return the request form to the appropriate clerk's office

HOW DO I CHECK THE COURT DATE?

Call the Victim Witness Office 703-792-8220 or the appropriate clerk's office:

• Juvenile & Domestic Relations District Court - 703-792-6160
• General District Court - 703-792-6141
• Circuit Court - 703-792-6025

HOW DO I FIND OUT IF/WHEN A DEFENDANT IS RELEASED FROM JAIL?

Call the Victim Witness Office at 703-792-8220 and ask to be notified of a defendant's release. You may be required to fill out a Department of Corrections Notification Form.

HOW DO I FIND OUT IF MY CASE HAS BEEN CONTINUED?

It is strongly recommended that you check at least one business day before your scheduled court date to verify your case is still set to avoid an unnecessary trip to court.

• Call the Victim Witness Office 703-792-8220; or the appropriate clerk's office
• Juvenile & Domestic Relations District Court - 703-792-6160
• General District Court - 703-792-6141
• Circuit Court - 703-792-6025

WHAT IF I NEED AN INTERPRETER FOR COURT?

Contact the Victim Witness office at 703-792-8220 to request the services of an interpreter.

WHAT DO I DO IF I HAVE NOT RECEIVED MY COURT-ORDERED RESTITUTION?

• Call the Victim Witness Office at 703-792-8220.
• Collection and enforcement policies and procedures vary depending on the Court level and Judge's signed order.

WHAT IS A VICTIM IMPACT STATEMENT?

The Victim Impact Statement form gives the victim or others affected by crime(s) the opportunity to express, in writing, the impact of this (these) crime(s). This may include any economic losses, the extent of any physical or psychological injuries, and any major life changes as a result of the crime(s).

A written pre-sentence report is prepared by a probation and parole officer to assist the judge in sentencing. This report focuses on the crime, the defendant's background, and any criminal history.

The Victim Impact Statement is included as part of the report and may be seen by the defendant. Because a copy of the Victim Impact Statement must be provided to the Commonwealth's Attorney or Assistant Commonwealth's Attorney (prosecutor) and the defense attorney, at least 10 days in advance of sentencing, you are required to return the form prior to the sentencing date. The due date will be listed on the form. If there is no date listed, contact the local victim/witness program or the prosecutor.

If the judge does not order a pre-sentence report, the prosecutor must, if the victim requests, submit a Victim Impact Statement to the Court and defense attorney prior to sentencing.

The Victim Impact Statement can also provide information useful in determining court-ordered restitution. It may also be used by the Criminal Injuries Compensation Fund, which pays unreimbursed expenses of victims who suffer personal physical injury or death, as a result of a crime.

Although every effort will be made to collect any financial restitution ordered by the court, there are no guarantees of full payment. There are other options, such as contacting the victim/witness program, the probation and parole office, the prosecutor, and/or the clerk of court. Should all efforts fail to collect restitution, it may be advisable to discuss civil options with an attorney.

The information requested will assist in evaluating the effects of the crime(s). As part of the report, it may also be considered by institutional treatment personnel. Sections 19.2-264.4 and 19.2-295.3 of the Code of Virginia also allow crime victims, upon motion of the Commonwealth's Attorney, to testify at the sentencing hearing regarding the offense. Ask your Commonwealth's Attorney or victim/witness program staff for more information about this option.

ON WHAT COURT LEVEL WILL MY CASE BE HEARD?

General District Court

All misdemeanor trials, traffic offenses and preliminary hearings for felony charges

Juvenile & Domestic Relations District Court

Cases involving minors in all misdemeanor trials, traffic offenses and preliminary hearings on felony charges. Any case involving persons related by blood or marriage, any couple with child in common, or any couple who have cohabited with one another within the last 12 months.

Circuit Court

Trial court for all felony cases and misdemeanor appeals.

WILL I BE PAID TO COME TO COURT?

There are no provisions by the Commonwealth of Virginia to reimburse for lost wages. However, you may be able to request mileage reimbursement. Contact the Victim Witness Office at 703-792-8220, for information and process for this request.

 

WHAT IS THE DIFFERENCE BETWEEN THE COUNTY ATTORNEY'S OFFICE AND THE COMMONWEALTH'S ATTORNEYS OFFICE?

 

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; drafts and prepares County ordinances and legislative proposals; defends and brings actions in which the County or any of its boards, commissions, etc., shall be a party; and in other matters, advises and represents the general County government The County Attorney is located in the McCoart Building, 1 County Complex Court, Woodbridge, VA 22192, phone: 703-792-6620, FAX: 703-792-6633.

The Commonwealth's Attorneys Office prosecutes all criminal and traffic cases occurring within Prince William County, and all felonies committed in the Cities of Manassas and Manassas Park. The Commonwealth's Attorneys Office does not investigate criminal offenses, if you feel you are a victim of a crime please contact your local police department. The Commonwealth's Attorneys Office is located in the Judicial Center, 9311 Lee Avenue, Suite 200, Manassas, VA 20110, 703-792-6050 FAX: 703-792-7081.

WILL I BE PAID TO COME TO COURT?

There are no provisions by the Commonwealth of Virginia to reimburse for lost wages. However, you may be able to request mileage reimbursement. Contact the Victim Witness Office at 703-792-8220, for information and process for this request.