Frequently Asked Questions
- How do I find out which prosecutor is assigned
to my case?
- How do I obtain restitution if I have suffered
a loss?
- As a victim or witness to a crime, am I required
to testify at trial if I don't want to?
- What is an arraignment?
- How is the trial date selected?
- What is a continuance?
- Can I be reimbursed for travel expenses?
- Can I drop charges as the victim of a crime?
- As a victim of a crime, how much input do I have
in deciding what charges are brought against the defendant?
- Who do I call to report a crime?
1. How do I find out which prosecutor is assigned to my case?
Call the Hanover County Commonwealth's Attorney's Office at 730-6185.
You must be able to provide the name of the defendant. It will also
be helpful if you can provide the court date. As the prosecutor's
primary responsibility requires many hours in court, it may be the
next business day before your call is returned. The receptionist
may be able to answer some of your questions. We are very interested
in speaking with witnesses and victims of crime before the trial
date and will make every effort to do so. In order to assist us,
kindly leave a number where you may be reached during and after
business hours. If you are a defendant in a criminal trial, the
prosecutor cannot speak with you and you should have your attorney
contact this office.
2. How do I obtain restitution if I have suffered a loss?
The judge may order restitution in a specific amount which can be
proved at trial. Therefore, notify the court or Commonwealth's Attorney
handling your case of your desire to be compensated. You should
be prepared to substantiate your loss with receipts, medical bills
or other appropriate documentation. The judge will only award restitution
in an amount that can be proved. Lost time from work is not recoverable
as restitution. Your employer may not charge you time off from work
to appear in court. If the defendant does not make restitution as
ordered by the court, contact the Victim/Witness Assistance Program
director at the Commonwealth's Attorney's Office for assistance
in enforcing the court's order.
3. As a victim or witness to a crime, am I required to testify
at trial if I don't want to?
As a witness or victim, you must testify. While the Commonwealth's
Attorney's Office cares about your concerns, once criminal charges
have been brought, the Commonwealth must prosecute the case on behalf
of the citizens of Hanover and not individual victims. If you have
questions about testifying, kindly make the prosecutor aware of
your concerns.
4. What is an arraignment?
It is the first appearance a defendant makes in court. At this appearance,
the judge advises the defendant of the charge and appoints an attorney
if the defendant can not afford one.
5. How is the trial date selected?
If an adult is arrested on a warrant, the magistrate will select
a trial date. The General District Court Clerk's Office will then
issue subpoenas for this date. If a juvenile is charged with an
offense, the juvenile intake officer will select a trial date and
the Juvenile and Domestic Relations General District Court Clerk's
Office will issue the appropriate subpoenas. Felony cases certified
from the General District Court to the Circuit Court will be set
for trial by the Commonwealth's Attorney's Office and witnesses
will be afforded an opportunity to participate in the selection
of this date. Circuit Court subpoenas will then be issued by the
Commonwealth's Attorney's Office.
6. What is a continuance?
Both the defendant and the Commonwealth may ask the court for a
continuance based on a variety of reasons. Should a continuance
be granted, every effort is made to reach a witness who has been
subpoenaed to advise them not to come to court. The Commonwealth's
Attorney's Office seeks input from its witnesses to ensure the case
is rescheduled on a reasonably convenient date.
7. Can I be reimbursed for travel expenses?
The Commonwealth of Virginia may reimburse certain travel expenses
for witnesses and victims provided the witness is subpoenaed by
the Commonwealth (i.e., travel 50 miles or more in one direction
to appear in court and arrangements are made through the Victim/Witness
Assistance Program).
8. Can I drop charges as the victim of a crime?
No. Once a criminal charge has been brought, only the Commonwealth's
Attorney's Office, with the approval of the court, may drop the
charges. In order to protect victims and witnesses of crime, it
is the policy of the Commonwealth's Attorney's Office not to request
dismissal of charges.
9. As a victim of a crime, how much input do I have in deciding
what charges are brought against the defendant?
The Commonwealth's Attorney's Office must make an independent analysis
of the facts, governed by legal ethics, statutory law and prior
court decisions, in order to determine the appropriate charge. While
the concerns of individual victims and witnesses will be considered,
this office must ultimately be governed by these principles in its
representation of the citizens of Hanover County and the Commonwealth.
The Commonwealth's Attorney's Office can only bring the appropriate
charge authorized by law.
10. Who do I call to report a crime?
You should contact the law-enforcement agency which is responsible
for protecting the jurisdiction in which the crime occurred (for
example, Ashland Police Department within Ashland town limits, or
Hanover Sheriff's Office within the County). If it is an emergency,
call 911 to report a crime anywhere in Hanover County. If you wish
to remain anonymous, you may call Crime Stoppers at (804) 780-1000.
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