1. I Feel That A Crime Has Been Committed. How Do I Press Charges? Can I Report A Crime Directly To The Commonwealth’s Attorney’s Office?
Crimes must be reported to the sheriff’s department or other law enforcement agency which has jurisdiction over the area where the crime occurred. In most cases here in Lee County, you should report the crime to the Lee County Sheriff’s Department. Once you have contacted the sheriff’s department, a deputy or investigator may be assigned to investigate the crime as reported by you.
Depending on the nature of the crime, you might wish to contact the Virginia State Police or the police departments of the town of Pennington Gap or Jonesville. If you are unsure about which agency you should report the criminal activity, please contact the Commonwealth’s Attorney’s Office for assistance.
It is the policy of the Commonwealth’s Attorney’s Office that most all serious crimes and felony crimes be first reported to the Lee County Sheriff’s Department so that an experienced criminal investigator can assist you with your matter.
2. I Have A Question About A “Small Claims” Case Or Other Case Involving a Money Dispute, Etc. Who Can Help Me With This Matter?
By statute, the Commonwealth’s Attorney is not permitted to assist in civil matters, such as those matters which are commonly brought in ‘small claims’ court. You can usually classify a matter as civil if there is a dispute over money or services rendered. For instance, if someone sells you a car that quits running after you have bought it, it is a civil matter. Please contact a private attorney or the clerk of the General District Court for further assistance on how to proceed with civil matters.
3. I Need Help With Child Support. Can The Commonwealth’s Attorney’s Office Help Me?
Not normally. Again, the Commonwealth’s Attorney’s Office is limited to the prosecution of crimes and cannot assist you with civil matters. Please contact a private attorney or the clerk of the Juvenile and Domestic Relations Court for further assistance with this matter.
4. I Need Help With A Right-Of-Way Problem, Easement, Or Other Property Dispute; Child Custody Matter, Divorce, Etc. Can The Commonwealth Attorney Help Me?
By statute, the Commonwealth’s Attorney’s Office is prohibited from assisting you in civil matters. The above-listed matters are all civil in nature. There are many other areas of the law which are considered civil in nature as opposed to criminal in nature. The Commonwealth Attorney is unable to assist you with these matters. Please contact a private attorney for further assistance with these civil matters.
5. Who Gets To Set The Sentence Or Fix The Punishment Against A Defendant Once He Or She Is Found Guilty?
In Virginia, only the judge may set the punishment against a defendant that has been convicted of a crime. The Commonwealth’s Attorney and the Defense Attorney argue before the judge for what each believes to be the appropriate sentence, but the final say rests with the judge entirely. The Commonwealth’s Attorney does not have the right to appeal the sentence imposed by the judge.
6. I Am The Victim In A Criminal Case And I Want To Drop The Charges. Can I Do This?
The decision to drop charges in any criminal prosecution can only be made by the Commonwealth’s Attorney with the approval of the judge. The victim’s wishes alone will not dictate whether or not a case will be filed or dismissed.
In order to protect victims and witnesses of crime, it is the policy of this Commonwealth’s Attorney’s Office not to dismiss criminal charges once they have been placed.
When a crime occurs, the Commonwealth’s Attorney prosecutes that matter for the victim, but, at the same time, prosecutes the case on behalf of all the people of Lee County. Any decision not to prosecute a case depends on what is best for the people of Lee County and not necessarily the individual victim or victims in a particular case.
7. I Am The Victim In A Domestic Violence Case. My Wife/Husband Has Promised To Never Lay Another Hand On Me. I Do Not Think That This Will Happen Again. Can I Drop The Charges?
As stated above, it is the policy of the Commonwealth’s Attorney’s Office not to dismiss charges once they have been placed. This is to protect you against further violence and to document the violence that has already occurred against you.
Witnesses that are reluctant to testify in domestic cases are a common problem in the Lee County court system and elsewhere across the Commonwealth and nation. In no other type of case are victims so willing to continue being victimized by their abusers.
Most victims do not have the courage to stand up to their abusers even after years of abuse. It is not uncommon for a victim to ask the prosecutor to drop the charges after they have been placed in our Domestic Relations Court. It is also not uncommon for the very same victim to make this same request on the third, fourth, fifth, etc., visit to court on different domestic violence episodes.
The history of domestic violence abuse clearly shows that victims are not able to stand up to the abuse. That is why the Commonwealth’s Attorney’s Office feels so strongly about refusing to dismiss the domestic violence charges which appear in our county courts.
8. 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 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 the individual victims and witnesses will be considered, this office must ultimately be governed by these principles in its representation of the citizens of Lee County.
The Commonwealth’s Attorney’s Office can only bring the appropriate charge authorized by law.
9. I Need A Restraining Order To Keep My Husband/Wife; Boyfriend/Girlfriend; Other Person Away From Me. Will The Commonwealth’s Attorney Do This For Me?
You may need the assistance of a private attorney in requesting a restraining order, also known as a “protective order.” You may also proceed without the assistance of an attorney. You must appear before a magistrate and then, later, a judge in order to obtain a restraining order. Our victim-witness coordinator can assist you with restraining orders. Or, contact the clerk of the Juvenile and Domestic Relations Court for further assistance.
A protective order is civil in nature as opposed to criminal in nature. As previously stated, the Commonwealth’s Attorney does not handle civil matters. However, if a judge or magistrate issues a protective order and then the terms of the protective order are violated, the Commonwealth’s Attorney will prosecute that individual for violating the terms of the protective order.
Finally, a common misperception is that you can get a protective order against anyone. This is not true. You may ONLY get a protective order against a spouse, other family member or other person living in your home over a certain period of time. In other words, if someone at your place of work assaults you, you cannot get a protective order against that person unless he or she is also a family member or household member.
10. I Am A DEFENDANT In A Criminal Case In Lee County And I Need To Speak To The Commonwealth’s Attorney About My Case. Will The Commonwealth’s Attorney Speak To Me?
Not usually. All attorneys are governed by the code of legal ethics which prevents attorneys on one side of a case from communicating with the parties on the other side of a case. This is especially true in a criminal matter. If you are a criminal defendant and you have an attorney, you should contact your attorney and he or she will then speak to the Commonwealth’s Attorney about your matter.
11. I Am An Inmate In The Lee County/Regional Jail and Would Like To Get Work Release During The Day So That I Can Work And Then Report Back To Jail At The End Of The Work Day. Can The Commonwealth’s Attorney Let Me Do This?
No. The Commonwealth’s Attorney does not give permission or otherwise allow inmates to work release. The Commonwealth’s Attorney’s Office does not make work release decisions nor authorize the release of inmates for work purposes.
12. I Have Been Threatened To Drop To Charges And Warned That I Better Not Testify In A Case. Who Can Help Me?
Threatening a victim or witness is a serious crime in Virginia that carries penitentiary time. If you are threatened by the defendant, or anyone else, regarding your case, you should immediately call the Lee County Sheriff’s Department or the Investigator’s Office for assistance.
13. Can I Hire The Commonwealth’s Attorney Or One Of The Assistant Commonwealth’s Attorneys To Assist Me With A Private Legal Matter?
No. The Commonwealth’s Attorney is an elected official. The Commonwealth’s Attorney and his entire staff deal strictly with the enforcement of the law and may have no clients other than the Commonwealth of Virginia.
There are several agencies available to assist citizens in locating an affordable, qualified attorney for their personal needs. The Virginia Lawyers Referral Service, administered by the Virginia State Bar and located in Richmond, can be reached at (804) 775-0808.
As always, you may refer to the local yellow pages as there are many well-qualified private attorneys here in Lee County that may offer to assist you with your matter.
14. I Have Been Subpoenaed As A Witness In A Criminal Case In Lee County But I Need Permission NOT To Appear In Court On The Court Date. Can The Commonwealth’s Attorney’s Office Help Me?
Only the judge can give a subpoenaed witness permission NOT to appear in court. The Commonwealth’s Attorney’s Office cannot give you this permission! If the situation arises that you cannot appear in court on the court date, you MUST inform the court of that fact. Otherwise, you risk the court issuing an arrest warrant for your failure to appear. It is always advisable to send the court a letter from yourself, your doctor, your employer, etc., fully explaining why you cannot appear in court.
