Caroline County Commonwealth's Attorney's Office

Victim/Witness Assistance

A Message From Your Commonwealth’s Attorney

It is my sworn duty to work with law enforcement officers to keep Caroline County safe, but we cannot do it alone. We need the assistance of crime victims and witnesses of crime.

If you are a victim or witness of crime, you probably have lots of questions. You may be feeling angry, confused or fearful about the crime itself or the judicial process.

Please be assured that I am committed to achieving justice in your case. The Caroline Commonwealth’s Attorney’s Office will do everything possible to make sure that your voice is heard and that your needs and concerns are addressed.

We are fortunate in Caroline County to have a Victim-Witness Assistance Program to help you as your case makes its way through our courts. Our victim-witness staff will advise you of your rights and resources available to help you. The victim-witness staff also will answer your questions about the judicial system, keep you informed of the status of your case, and go with you to court.

I want to make your experience in our courts as convenient and satisfying as possible. If you have questions or need assistance at any time, please call our victim-witness staff at (804) 633-8037 or call me personally at (804) 633-7170.

Types of Charges

  • MISDEMEANOR—A crime with a punishment of up to 12 months in jail and/or a fine of up to $2,500. Usually tried in a District Court.
  • FELONY—A crime that carries a possible punishment of more than one year in a state penitentiary. Can only be tried in the Circuit Court.

Legal Steps in the Criminal Justice Process

Subpoena: Sometimes called a summons, this is an order which directs a person to be present in court at a particular time and place. Failure to appear my be considered an offense.

Preliminary Hearing: In the case of a felony, a preliminary hearing is held in the General District Court or Juvenile and Domestic Relations District Court to determine if there is sufficient evidence for the judge to send the case to a Grand Jury. On a misdemeanor charge, the case will be tried without a preliminary hearing.

Grand Jury: The Grand Jury in Caroline County is a panel of citizens that meets four times a year to hear evidence to determine whether there is sufficient cause to bring a defendant to trial in the Circuit Court.

Circuit Court: Felonies are tried in the Circuit Court. In addition, when a defendant appeals a misdemeanor conviction from District Court, he or she gets a new trial in the Circuit Court. A trial in Circuit Court is the final proceeding to determine whether a defendant is guilty.

After consulting with the victims of a crime, the Commonwealth’s Attorney may enter into a plea agreement with the defendant, pursuant to which the defendant pleads guilty and a particular sentence is recommended to the judge. If a plea agreement is not reached, the defendant will be tried by the judge or a jury, and victims and witnesses must appear and testify.

Possible Outcomes

  • Acquittal or Dismissal: The defendant is found not guilty.
  • Nolle Prossed: The charge is dropped, but it can later be reinstated, if appropriate.
  • Conviction: The defendant is found guilty and sentenced as below:
    • Misdemeanor sentences are served in local jails.
    • Felony sentences are usually served in prison.
    • Once a defendant is released, he or she may be required to report to a probation officer for probation supervision.
    • Sentences may be suspended, either in whole or in part. When a defendant is sentenced to jail or prison, the Judge may suspend some or all of the sentence on certain conditions. The Judge may order the defendant to report to a probation officer at scheduled times and to live by rules that the judge sets. The Judge should always order the defendant to pay restitution to the victim for damages caused by the crime and may also order the defendant to perform community service work at no pay for the local government, a non-profit agency, or a civic group.
  • Plea Agreements: If the defendant pleads guilty, a trial will not be required, and you will not have to testify. In some cases, the prosecutor may agree, after consultation with the victims, to modify the charges or to recommend that a defendant receive a certain sentence in return for a plea of guilty. If you are the victim of a crime, the prosecutor will contact you before a plea agreement is formalized. If you have questions about the agreement, ask the prosecutor for a full explanation. The prosecutor will not enter into a plea agreement without having first consulted with the victims.

  • RESTITUTION: In cases where the victim has suffered a financial loss, the Court should always order the defendant to pay restitution. If you desire restitution, itemize and document your losses and notify the Victim/Witness Program as soon as possible.
  • CRIMINAL INJURIES COMPENSATION: Victims of violent crime, or their survivors, may be eligible for financial compensation to cover out-of-pocket costs of medical treatment, psychological counseling, or funeral expenses. If you think you are eligible, contact the Victim/Witness Program for an application.
  • VICTIM IMPACT STATEMENTS: In felony cases, if the defendant is found guilty, the Judge may postpone sentencing until a pre-sentence investigation is completed. The pre-sentence report provides the Judge with information about defendant’s background. If you are the victim of a crime, you may be asked to describe, in a written statement, what impact this crime has had on your life. Your statement may be included in the report and considered by the Judge in determining an appropriate sentence. The Victim/Witness Program can assist you in preparing this statement.

Tips for Testifying

  • DRESS APPROPRIATELY: The way you present yourself is a reflection on you. Dress neatly and conduct yourself in a respectful manner.
  • TELL THE TRUTH: If called to testify, listen carefully to the questions asked of you. Make sure you understand each question and give an accurate answer to the best of your ability. If you do not know the answer, be sure to say so.
  • SPEAK LOUDLY AND CLEARLY: It is the duty of the attorney to make a question answerable. If you did not hear the question or understand it, ask the attorney to repeat it. Stop speaking immediately if an objection is made by one of the attorneys.
  • BE COURTEOUS AND KEEP CALM: Try to remain calm and do not lose your temper. Being polite makes a good impression. Do not argue with attorneys or allow yourself to become upset during questioning.
  • DO NOT GUESS OR SPECULATE: Be yourself and answer in your own words. Don’t pause or try and figure out if your answer will hurt or help the cause.
  • BE PREPARED TO WAIT: The court process can be long and unpredictable. However, your role is a very important one. Your cooperation and patience is necessary.
  • NEVER: Smoke, chew gum, eat or drink anything while in the courtroom. Also, do not have alcoholic beverages the day you are to come to court.
  • REMEMBER: If the defense attorney makes you feel uneasy, remember that he is doing his job. You are not on trial. You are in control. The defendant is on trial.

The Victim/Witness Assistance Program

The Victim/Witness Assistance Program for Caroline County was established to assist those who find themselves involved in the criminal justice system as the victim or the witness of a crime. The program works to insure that crime victims and witnesses receive fair and compassionate treatment while participating in the criminal justice system.

For help or information call 804-633-8037

Call the Victim/Witness Program if:

  • You have a question about your role as a witness.
  • You would like an explanation of court procedures or a tour of the courtroom before you testify.
  • You would like someone to escort you to court and remain with you until the completion of your testimony.
  • You need a referral to community service agencies for counseling.
  • You are not receiving restitution payments that were ordered by the court.
  • You have received crime-related threats or harassment.
  • You need information regarding the status of your case.

Important Telephone Numbers

Caroline County

  • Emergency: 911
  • Sheriff’s Department: 804-633-5400
  • Commonwealth’s Attorney: 804-633-7170
  • Victim/Witness Assistance: 804-633-8037
  • Circuit Court: 804-633-5800
  • General District Court: 804-633-4039
  • Juvenile and Domestic Relations Court: 804-633-9550
  • Juvenile Intake Court: 804-633-9340
  • Magistrate: 804-633-9245 or 804-537-6206

Rappahannock Council on Domestic Violence: 540-373-9373

Rappahannock Council Against Sexual Assault: 540-371-1666

Department of Social Services: 804-633-5071

Rappahannock Area Community Services Board: 804-633-9997