CIRCUIT COURT CLERKS MANUAL - CRIMINAL

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1 PAGE Index-1 Agreement On Detainers, 29 Allen Charge To Jury, 5-11 Allocution, 5-28 Amendment to the Charge, 4-57 Ancillary Misdemeanors, 2-9 Appeals, 1-32 Bail Bond, 6-36 Bond Decisions, 2-13 Commonwealth (by), 6-2 Cost Assessment Court of Appeals, 6-32 Supreme Court of Virginia, 6-45 Cost Bond, 6-36 Court Of Appeals, 6-22 de novo, 1-32 District Court, 2-11 Animal Violations, 2-14 Bond Decisions, 2-13 Failure to Obey Order of Fire Marshall, 2-17 No Photo ID with CHP, 2-15 Notary Advertising Legal Advice, 2-16 Processing, 2-9 Red Light Photo Monitoring, 2-16 Habeas Corpus, 6-1 Juvenile And Domestic Relations District Court, 2-17 Late Appeals, 2-11 Perfecting, 6-2 Pretrial, 6-2 Refusal, 2-12 Commonwealth, 2-12 Supreme Court of Virginia, 6-39 Bonds Appeal/Costs, 6-40 Suspension Bond, 6-36 Appointment Substitute Commonwealth s Attorney, 4-50 Arraignment, 4-45, 4-48 Hearing, 1-27 Arrest, 1-25 Documents Capias, 1-19 Indictment, 1-16 Information, 1-17 Presentments, 1-17 Arrest continued Documents continued Processes, 1-16 Rule to Show Cause, 1-19 Summons, 1-18 Warrants, 1-17 Attorney Court Appointed Attorney, 4-33 Exemption from Jury Service, 4-85 Bad Check/Credit Card, 6-6 Bail, 1-26, 4-1, 4-2 Adequacy, 4-15 Surety, 4-9 Admitting, 4-5 Cash as Surety, 4-13 Determination, 4-3 Determining Eligiblity, 4-5 Exoneration, 4-30 Forfeiture, 4-17 Hearings, 1-27 Writ of Actual Innocence, 5-57 Motion to Modify, Personal Property as Surety, 4-13 Reform Act, 4-3 Revocation, 4-16, 4-17 Right to Bail, 4-2 Statues, 4-2 Surety, 4-9 Termination of Obligation, 4-30 Bench Trial, 5-1 Bifurcated Trial, 5-27 Bill of Indictment, 1-16 Bill of Particulars, Boating Education, 7 Bond, 4-1, 4-2 Appeal Supreme Court of Virginia, 6-40 Appeal Decisions, 2-13 Foreiture, 4-16, 4-17 Property Bondsman, 4-19 Quick Reference Guide, 4-21, 4-24, 4-27 After 7/1/11, 4-24, 4-27 Pre 7/1/11, 4-21 Surety Bondsman, 4-20 Bondmen s Capias, 4-30 Booking, 1-26

2 PAGE Index-2 Boot Camp Habitual Offenders Referral, 5-33 Incarceration, 5-32 Calendaring, 3-11 Form, 3-12 General Provisions, 3-11 Purpose And Types, 3-12 Types Of Dockets, 3-11 Capias, 1-19 Sureties Bailpiece Release, 4-30 Case Closing, 6-3 Collection Of Fines/Costs/Other Monies, 6-3 Costs 1st Offense Drug/Property Offense, 6-4 Cash Bonds, 6-7 Collection Agency, 6-4 Community Service, 6-7 Conviction, 6-4 Dishonored Check or Credit Card, 6-6 District Court Appeal/Withdrawal, 6-4 Due On Date/Time To Pay, 6-4 Failure To Pay/DL Suspension, 6-5 List of Allowances, 6-7 Methods of Payment, 6-4 Notice of Suspension of DL to Defendant Required, 6-6 Reinstatment of DL, 6-5 Satisfaction And Discharge, 6-4 Tax Set Off, 6-4 Traffic School, 6-4 Work Release Programs, 6-7 Disposal of Evidence, 6-15 Disposition of Case Papers, 6-50 Destruction, 6-50 Final Judgment, 6-3 Juvenile Fingerprints, 6-8 Reports, 6-8 Abstract of Conviction, 6-10 Acknowledgment Suspension/Revocation DL/Payment Plan, 6-12 Adjudication of Incapacity, 6-9 CCRE, 6-8 Juvenile Disposition, 6-14 Monthly Caseload, 6-14 Notice to Board of Dentistry, 6-14 Board of Medicine, 6-14 DGIF/Hunting/Trapping Revocation, 6-13 State Board of Health Professions, 6-13 Operator s License Reinstatement, 6-13 Sex Offender Registry, 6-9 VASAP, 6-11 VASAP/Boat, 6-12 Storage of Case Records, 6-16 Case File Indexing, 2-4 Numbering, 2-3 Preparation, 2-5 Receipting, 2-2 Case Initiation Activites, 2-1 Case Numbering, 2-3 Case Papers Receipt Of, 2-2 Caseflow Managment, 3-1 Term Day Activities, 3-1 Cases Juvenile And Domestic Relations District Court, 2-17 CCRE Reports, 6-8 Certificate of Analysis, Request, Subpoena Duces Tecum, 4-98 Circuit Courts, 1-2 Clerks Offices, 1-14 Clerks of Circuit Court, 1-14 Clerks of District Court, 1-15 Commonwealth s Attorney Substitution of, 4-50, 4-51 Competency Acquitted Reason Of Insanity, 4-79 DBHDS Contacts, 4-79 Disposition/Defendant Found Incompetent, 4-68 Found Unrestorably Incompetent, 4-69 Evaluation to Stand Trial, 4-67 Evaluations, 4-67 Misdemeanor, 4-78 Confidential Records, 7-9

3 PAGE Index-3 Confidentiality, 7-16 Adoptions, 7-17 Foreign, 7-17 General Receiver, 7-22 Grand Jury List, 7-23 Judge s Notes, 7-20 Judicial Complaints, 7-18 Judicial Inquiry Review Commission, 7-18 Juvenile Court Records, 7-18 Marriage License/Register, 7-21 Master Jury/Jury Trial List, 7-22 Military Discharges/Reports of Separation, 7-20 Money Under Control of Court, 7-22 Passport Information, 7-24 Photos/X-Rays/Child Abuse, 7-20 Probate Tax Return, 7-19 Protective Orders, 7-19 Request For Sealed Documents, Set Off Debt Collection, 7-22 Victim, Victim Impact Statement, 7-22 Wills Lodged/Safekeeping, 7-20 Contempt Civil, 5-18 Contempt of Court, 5-18, 5-22 Adjudication, 5-19 Civil, 5-18, 5-19 Classification, 5-18 Clerk s Role, 5-21 Criminal, 5-19 Direct, 5-20 Indirect, 5-20 Plenary, 5-19 Punishment, 5-20 Summary, 5-19 Counsel Court Appointed, 4-33 Right To, 4-31 Court Appointed Counsel, 4-33 Indigency Determination, 4-33, 4-34 Manual, 4-38 Payment, 4-38, 4-38 Recovery of Costs, 4-41 Relieved for Good Cause/Withdrawal, 4-40 Selection and Appointment, 4-35, 4-36 Withdrawal, 4-40 Court of Appeals, 1-2, 6-22 Cost Assessment, 6-32 Discretionary, 6-23 Jurisdiction, 6-22 Processing, 6-25 Security, 6-23 Subsequent Events, 6-31 Court Orders, 1-20, 1-21 Court Organization, 1-1 Court Reporters, 1-12 Criminal Case Flow, 1-24 Criminal Contempt, 5-18 Criminal History Bail Determination, 4-2 Criminal Justice System, 1-5 Criminal Law, 1-1 Crossover Hearings, 1-27 Dangerous Dog, 2-14 Death Penalty, 5-27 Defendants Double Jeopardy, 1-22 Rights, 1-22 Counsel, 4-31 Jury Trial, 5-6 Speedy Trial, 3-14 Defense Attorneys, 1-6 Deferral Family Abuse, 5-34 Deferred Dispositions, 5-33 Department of Corrections, 1-14 Destroying Circuit Court Records, 7-30 Destruction Of Records, 7-30, 7-31 Election Records, 7-34 Ended Cases/Exhibits/Discovery, 7-31 Fieri Facias, 7-34 Judgment Abstracts, 7-34 List of Jurors, 7-34 Multi-Jurisdictional Grand Jury, 7-33 Special Grand Jury Court Reporter Records, 7-33 Report, 7-33 Transcripts/Court Reporter Records, 7-32 Discovery Motion to Compel, 4-105

4 PAGE Index-4 District Court, 1-3 Ancillary Misdemeanors, 2-9 Appeals, 2-9, 2-11 Bond Appeals, 2-13 Clerk s Offices, 1-15 Committee on District Courts, 1-15 Divorce Addendum, 7-16 Confidentiality of, 7-16 Double Jeopary, 1-22 Driver Improvement Clinic, 5-34 Education Release, 5-30 Emergency Mental Treatment, 4-66 Evaluations, 4-65, 4-73 Competency to Stand Trial, 4-67 Emergency Mental Treatment, 4-66 Motion for, Sanity at Time of Offense, 4-71 Insanity Defense, 4-73 Evidence, 4-97 Expungement, 6-46, 6-48 Voided, 6-49 Extradition, 7-5, 7-7 Failure to Surrender, 5-46 Sentencing, 5-46 Felonies, 1-4 Felonies And Misdemeanors, 1-3 First Offender Drug, 5-33 Family Abuse, 5-34 Grand Jury, 1-8 Multi-Jurisdiction, 1-10 Payment, 5-18 Regular, 1-8 Selection, 4-94 Special, 1-9, 4-94 Habeas Corpus, 6-1, 6-45 Home Electronic Incarceration, 5-33 in Limine, Incarcerated Witnesses, 4-82 Indexing, 2-4 Indictment, 1-16 Amendments, 4-57 Direct, 1-17 Issuance, 1-29 Criminal Process, 3-9 Indictment continued Motion to Amend, Quash, Processing, 2-6 Sealed, 2-8 Indigence Determination of See Court Appointed Counsel Information, 1-17, 2-8 Insanity Defense, 4-73 Interpreters, 4-58 Appoint/Waive, 4-63 Clerk s Role, 4-63 Costs, 4-59 Deaf, 4-60 Foreign Language Non Certified, 4-62 Qualifications, 4-60 Role, 4-61 Non-English, 4-59 Spanish Language, 4-61 Accepted Certification, 4-63 Waiver, 4-60 Judge, 1-11 Disabilities, 4-52 Disqualification, 4-52, 4-53 Judicial Officer, 4-2 Jurisdictional Distinctions, 1-1 Jury Allen Charge, 5-11 Commissioners, 4-87 Conduct Of Jury Trial, 5-9 Confidential, 5-8 Drawing Names, 4-91 Exemption from Service, 4-85, 5-7 Jail Officers, 4-85 Mariners, 4-85 Sheriff, 4-85 Superintendents, 4-85 Workers' Compensation Commission, 4-85 Grand, 4-94 Hung/Deadlocked, 5-11 Licensed Drivers List, 4-87

5 PAGE Index-5 Jury continued List Confidential, 5-8 Distruction, 7-34 Master Jury List, 4-84, 4-87, 4-88 Creation, 4-84 Merged, 4-87 Motion to Poll, Orientation, 4-95, 4-96 Payment, 5-17 Commonwealth/Locality, 5-17 Petit List, 4-93 Release of Information, 4-93 Preparation For Trial, 5-7 Reimbursement, 5-17 Right To Trial By, 5-6 Selection, 5-7 Special Grand, 4-94, 7-12 Report, 7-12 Term List, 4-91 Trial, 5-6 Voir Dire, 4-97 Juvenile And Domestic Relations District Court Appeals, 2-17 Cases Processing, 2-17 Juvenile Case Matrix, 2-19 Law Enforcement, 1-5, 1-15 Licensed Practicing Attorney Jury Duty, 4-85 Magistrates, 1-7 Master Calendar, 3-12 Misdemeanors, 1-4 Trial Recording, 5-8 Motions, 4-104, 5-47 Analysis of New or Untested Evidence, 5-50 Amend Indictment, 4-105, Bill of Particulars, Calendar, 3-12 Change Venue, Compel Discovery, Continuance, Dimiss Lack of Speedy Trial, Exclude Witnessess, Motions continued in Limine, Modify Bail, New Trial/New Discovery Evidence, Newly Discovered Evidence, 5-50 Nolle Prosequi, Poll Jury, Post Conviction, 5-47 Pre-Sentence Report, Pre-Trial, Psychiatric Evaluation, Quash Indictment, Retention Of Evidence, 5-49 Death Sentence, 5-50 Felony Non Capital, 5-49 Scientific Analysis, 5-50 Set Aside Verdict, Sever Offenses, Parties, Strike Evidence, Suppress, Trial, Nolle Prosequi, Nutrient Trading Action Violations, 2-19 Offenses Felonies, 1-4 Misdemeanors, 1-4 Motion to Sever, Other, 1-5 Order Retention Of Evidence, 5-50 Felony Non Capital, 5-49, 5-50 Out-Of-State Prisoner Costs, 29 Pen Register/Wire Trap, 7-4 Petit Jurors Payment, 5-17 Petit Jury Function, 1-11 List, 4-93 Release of Information, 4-93 Pleas, 4-45, 4-46, 4-48 Bargaining, 4-45, 4-47, 4-48 Post Conviction Motions, 5-47 Post Trial Activites, 5-44 Preliminary Hearing, 1-28

6 PAGE Index-6 Pre-Sentence Motion for, Report, 5-26 Presentment, 1-17, 2-6 Pre-Trial Activity, 1-29, 4-1 Pro HacVice attorney, 1-7 Probation and Parole Officers, 1-13 Probation Violation, 5-41 Assessment of Costs, 5-42 PB 15, 5-42, 5-43 Prosecutors, 1-6 Protective Orders, 5-58 Concealed Handgun Permit, 5-59 Protracted Trial, 4-91 Psychiatric Evaluations/Treatments, 4-65 Recognizance, 4-2 Recording Felony/Misdemeanors, 5-8 Records Management, 7-25 Appointing Records Officer, 7-27 Circuit Court Records Preservation Program, 7-28 Components of Plan, 7-27 Copying of Records, 7-26 Creating a Program, 7-27 Damaged or Illegible Records, 7-26 Destroying, 7-30 Disaster Planning, 7-28 Electronic Records, 7-29 Forms, 7-28 Library of Virginia, 7-27 Newsletters, 7-28 Open to Public Inspection, 7-26 Preserve Papers, 7-25 Removal of Records, 7-25 Statutory Duties, 7-25 Rehabilition Release, 5-30 Removal of Case Files/Papers, 7-25 Restricted DL/VASAP, 5-30 Retention of Evidence, Impractical to Retain, 5-50 Revocation of Probation, 5-41 Rule to Show Cause, 1-19 Sanity At Time of Offense, 4-71 Evaluations, 4-67 Sealed Documents, Sealed Records, 7-8, 7-9 Expungements, 7-10 Affidavit for Search Warrant, 7-13 Change of Name, 7-9 Confidentiality, 7-8 Victim Request, 7-12 Criminal History/Expungements, 7-10 Disciplinary Proceedings Attorney, 7-16 Discovery Subpoean Duces Tecum, 7-15 Financial, 7-16 Divorce, 7-10 Election Material, 7-12 Exhibits, 7-15 Mental/Psychological/Psychiatric, 7-11 Patient Health, 7-14 Pre-Sentence Mental Evaluation/Sex Offenders, 7-11 Reports, 7-10 Pretrial/Community Based Probation, 7-11 Special Grand Jury, 7-12 Report, 7-12 Tests/Blood Borne Pathogens, 7-15 UCCJEA/Child Custody, 7-10 Victim Impact Statement, 7-12 Voting Machine Keys, 7-13 Wiretaps/Intercepted Communications, 7-14 Search Warrants, 7-1 Real Time Location Data, 7-2 Tracking Device, 7-3 Sentencing, 1-31, 5-25 Boot Camp, 5-32 Concurrent/Consecutively, 5-29 Death Penalty, 5-27 Deferred Dispositions, st Offender Drug, 5-33 DNA Analysis, 5-29 Driver Improvement Clinic, 5-34 Home Electronic Incarceration, 5-33 Local Community Based, 5-31 Mental Health Facility Alcoholism, 5-31 Drug Abuse, 5-31 Modification, 5-30 Post Sentence/Special Programs, 5-40

7 PAGE Index-7 Sentencing continued Referral to Traffic School, 5-34 Split Sentence, 5-39 Suspension, 5-28 VASAP, 5-30 Work/Education/Rehabilition Release, 5-30 Youthful Offender Act, 5-32 Sheriff, 1-12 Show Cause, 1-19 Speedy Trial, 3-14 Continuous Custody, 3-15 Motion to Dismiss, State Police CCRE Interface, 6-9 Department of Forensic Science, 6-9 Straight Indictment, 1-17 Subpoena Duces Tecum, 4-97, 4-98 Financial Records, Analysis Evidence, 4-98 Summons, 1-18 Suppression Costs, 32 Supreme Court of Virginia, 1-1 Cost Assessment, 6-45 Jurisdiction, 6-39 Procedures, 6-40 Security, 6-40 Surety Adequacy of, 4-9, 4-15 Bail Bondsmen, 4-9 Cash, 4-13 Others, 4-13 Property Bondsmen, 4-9 Real Estate, 4-13 Release of, 4-30 Term Day Activites, 3-1 Docket Preparation, 3-1 Post Term Day, 3-8 Pre-Court, 3-3 Courtroom Procedures, 3-5 Docket, 3-11 Jury List, 4-91 Traffic School, 5-34 Trial, 1-30 Bench, 5-1 Jury, 5-6 Motions During, Post-Trial Activities, 5-44 Preparation, Protracted, 4-91 Recording Misdemeanor, 5-8 VASAP, 5-30, 6-11 Venue Change, 4-55 Motion to, Verdict Motion to Set Aside, Acquitted Reason of Insanity, 4-79 Vicious Dog, 2-14 Victim Confidentiality, Impact Statement, 5-26, 5-27 Violation of Probation Special Programs, 5-42 Virginia Indigent Defense Commission, 4-35 Virginia Parole Board, 1-13 Voir Dire, 4-97 Warrants, 1-17 Processing, 2-8 Witnesses, 1-12, 4-82 Incarcerated, 4-82 Judicial Officers, 4-81 Out of State, 4-82 Summoning, 4-80 Issuance, 4-80, 4-81 Requirements, 4-80 Work Release, 5-30 Writ of Actual Innocence, 5-55 Bail Hearings, 5-57 Evidence Biological, 5-55 Nonbiological, 5-56 Writ of Coram Nobis, 5-57 Youthful Offender Act, 5-32

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