At Jenkins & Jenkins, we provide efficient and affordable criminal defense in both Virginia's state and federal courts of original and appellate jurisdiction. Whether your matter is a misdemeanor or a felony, we will investigate, research, and argue your case for the fullest protection and vindication of your due process rights.
Virginia's state courts are organized into two initial levels: courts of record, and courts not of record. The courts not of record are the combined district courts: the Juvenile and Domestic Relations District Courts, and the General District Courts. In a criminal law context, the Juvenile and Domestic Relations Courts exist to hear misdemeanor cases committed by or regarding juveniles or otherwise committed within a domestic context, as well as certain preliminary hearings. In the criminal law context, the General District Courts exist to hear misdemeanor cases (as well as traffic cases), and preliminary hearings in felony cases. The Circuit Courts exist to hear all felony cases, as well as misdemeanor cases originating from a grand jury indictment, and appeals of all General District Court and Juvenile and Domestic Relations District Court cases. In Virginia, you have an automatic right to appeal any criminal law decision arising in a district court to the Circuit Court. We will counsel you as to the availability and advisability of appeals, and can represent you on appeal whether you were represented by us in your district court case or not.
We believe that good criminal defense requires a thorough factual investigation, knowledge of the criminal law, and a good working knowledge of procedural law. Furthermore, it is not enough to be aware of all of the elements of a crime and all of the elements of your due process rights. Someone must put the Commonwealth to the test and require proof of each and every element of the crime charged, proof of the reliability of all equipment used, and proof that all of your due process rights have been protected right up to and including the day of trial.
Are you thinking about an appeal? Hurry! Virtually any final decision of a state district court can be appealed to a state circuit court, but you must note your appeal within ten (10) days of that final decision. Many final decisions of a state circuit court can be appealed to the Virginia Court of Appeals, but most such appeals must be noted within thirty (30) days of that final decision. In addition to noting the appeal, steps must often be taken very quickly in the court to which you are appealing. Many attorneys will not want to represent you in an appeal if you do not bring the case to them early enough for them to take these steps. So plan early whether you will want to appeal, speak with your attorney as soon as possible, and ask them to let you know whether they will accept your case as soon as possible so you can make other arrangements if necessary!
Consider speaking with one of our attorneys if you have been charged with any crime in the Commonwealth of Virginia.