What Happens If Your Child Is Charged with a Crime in Virginia?
Finding out your child has been charged with a crime is frightening. You likely have questions and do not know where to turn. The good news is that Virginia’s juvenile justice system is designed differently from the adult system, and the outcome of your child’s case will depend heavily on the steps you take now.
How the Virginia Juvenile Justice System Works
Virginia handles most criminal cases involving minors separately from adult criminal proceedings. Cases are typically heard in the Juvenile and Domestic Relations District Court (JDR Court) rather than a general district or circuit court.
The juvenile system places a stronger emphasis on rehabilitation than punishment, but that does not mean the consequences are minor. Depending on the charge, your child could face:
- Probation with strict conditions and regular check-ins
- Community service requirements
- Placement in a juvenile detention facility
- Mandatory counseling or treatment programs
- Transfer to adult court for serious felony charges
When Can a Juvenile Be Tried as an Adult?
This is one of the most serious concerns parents face. Under Virginia Code § 16.1-269.1, a juvenile 14 years of age or older who is charged with a felony may be transferred to circuit court and tried as an adult. If convicted as an adult, your child could face adult sentencing, including incarceration in an adult facility.
Transfer to adult court is not automatic in most cases, but it is a real possibility for serious charges such as assault, weapons offenses, or sex crimes.
What Happens After Your Child Is Arrested
The process moves quickly once a juvenile is taken into custody. Here is a general overview of what to expect at each stage.
Intake and detention decision: After arrest, a juvenile probation officer conducts an intake interview and assesses whether your child should be released to a parent or guardian or held in a juvenile detention facility pending a hearing.
The detention hearing: If your child is detained, a hearing must be held within a short window of time to determine whether continued detention is necessary.
The adjudicatory hearing: This is the juvenile equivalent of a trial. A judge, not a jury, decides whether the juvenile committed the offense. If the court finds the charge proven, the case moves to a disposition hearing.
The disposition hearing: This is the sentencing phase. The judge considers the nature of the offense, your child’s history, family circumstances, and other factors before deciding on a consequence.
What a Juvenile Record Could Mean for Your Child’s Future
Many parents assume that juvenile records automatically disappear when a child turns 18. That is not always true in Virginia.
Some key points to understand:
- Juvenile records are generally not public, but they are not automatically sealed or expunged.
- Certain serious offenses may remain accessible to law enforcement, schools, or future courts.
- A juvenile adjudication could affect your child’s eligibility for college financial aid, military service, or certain careers.
- Virginia does allow for expungement of some juvenile records under specific circumstances.
How your child’s case is handled from the very beginning matters. The decisions made early in the process shape what options are available later.
Frequently Asked Questions
What happens when a juvenile is charged with a crime in Virginia?
The case is typically handled in Juvenile and Domestic Relations District Court, where a judge determines whether the charge is proven and what consequences are appropriate. The process includes an intake assessment, a possible detention hearing, an adjudicatory hearing, and a disposition hearing.
Can a juvenile criminal record be expunged in Virginia?
In some cases, yes. Virginia law allows for expungement of certain juvenile records, but eligibility depends on the offense, the outcome of the case, and other factors. An attorney can help you understand whether your child may qualify.
Will my child go to jail if charged with a crime in Virginia?
Not necessarily. Many juvenile cases result in probation, counseling, or community service rather than detention. More serious charges could lead to placement in a juvenile facility or, in some cases, transfer to adult court.
Should I hire a lawyer if my child is charged with a crime in Virginia?
Yes. Even if the charge seems minor, the juvenile justice process has real consequences, and your child has legal rights that need to be protected from the very first hearing. An experienced juvenile defense attorney can assess the situation and help you understand your options.
Talk to Peters Law Firm About Your Child’s Case
If your child is facing criminal charges in Virginia, do not wait to get legal guidance. The earlier an attorney is involved, the more options your family may have.
Contact Peters Law Firm at (804) 572-8265 or visit the Juvenile Defense practice page to learn more about how the firm handles juvenile criminal defense in Glen Allen, Richmond, and throughout Central Virginia.
This blog post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to discuss the specific facts of your situation.
