Criminal Defense Lawyer in Virginia Beach

Will my criminal misdemeanor be heard in JDR court or GDC court ?

First and foremost, you do not actually have to figure this question out yourself. Why is that? Because it will be on your paperwork. Your paperwork will list your arraignment date and that paperwork will specify whether your matter will be heard in the General District Court or the Juvenile & Domestic Relations Court. Please note that both courts are lower courts and the matters are essentially resolved the same way for misdemeanors. If you are simply curious as to why your criminal misdemeanor is being heard in Juvenile & Domestic Relations Court vs General District Court or vice versa, I can give you some general principles and tips that might help you figure out why, but these are general principles and should not be treated as absolutes. Only your lawyer will know for sure why or why not your charge is in a particular court.

Generally, if you yourself were under 18 years old at the time of the alleged offense you are charged with then the matter should be heard in the Juvenile & Domestic Relations Court.

Generally, if the alleged victim was under 18 years old at the time of the alleged offense then the matter should be heard in the Juvenile & Domestic Relations Court.

Generally if the relationship between you and the alleged victim are what would be considered  “Family or Household Members” then it would be in Juvenile & Domestic Relations Court. Note that the term “Family or Household Members” is defined in VA Code § 16.1-228.

“Definitions. "Family or household member" means (i) the person's spouse, whether or not such spouse resides in the same home with the person; (ii) the person's former spouse, whether or not such person resides in the same home with the person; (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home with the person; (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person; (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person; or (vii) an individual who is a legal custodian of a juvenile.”

Generally, all other misdemeanors are likely to be heard in the General District Court. In other words, if you yourself were an adult at the time and the alleged victim was an adult at the time and you two were not “Family or Household Members” at the time then the misdemeanor should likely be heard in the General District Court.