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The Commonwealth's Attorney & Victim Witness

The Commonwealth's Attorney, called a "District Attorney" in other states, represents the people of Virginia in the prosecution of criminal cases. The citizenry elects the Commonwealth’s Attorney every four years. Program encompasses a variety of legal areas including the prosecution of cases in criminal court, traffic court, juvenile and domestic relations court, and circuit court, as well as handling appeals to the supreme court of Virginia.

All Commonwealth's Attorneys prosecute the most serious crimes, known as felonies, including murder, rape, and robbery.  In many jurisdictions, they also prosecute misdemeanors and violations of local ordinances, including traffic offenses. In addition, they perform other duties and responsibilities as specified in the Virginia Constitution and Virginia Code.  In Virginia, Commonwealth's Attorneys may be employed full-time or part-time, depending on the size of the jurisdiction served. Most full-time Commonwealth's Attorneys have a support staff of appointed assistants to help handle the prosecution of cases within his or her jurisdiction.  

The Commonwealth's Attorney represents other constitutional offices. He/She may be called on to be involved in any case at the pleasure of the local judiciary and must carry out any other duties prescribed by law.

The Commonwealth Attorney's Office also coordinates the extradition of criminals who have fled the state, prosecutes drug asset forfeitures, and tries individuals for failure to pay child support or failure to obey other court orders.

The Commonwealth Attorney's Office oversees the Victim/Witness Unit, which offers advice about rehabilitative services and other community resources available for victims' protection.

The Victim-Witness Assistance Program provides the following services:

  • In cases where an arrest is made, make contact with victims prior to the court date and answer any questions they may have about the court process.
  • Provide outreach to victims of crime in cases where an arrest is not made (robbery, burglary, felonious assault, abduction, homicide, grand larceny auto, stalking, car jacking, etc.)
  • Ensure that victims have a voice throughout the criminal justice process.
  • Make referrals to social service agencies that provide emergency financial, medical or psychological assistance to crime victims.
  • Provide information about and assist victims with filing for the Criminal Injuries Compensation Fund.
  • Arrange pre-trial meetings between the prosecutor and victim and provide a tour of the courtroom
  • Provide the victim and family members with court accompaniment the day of the hearing
  • Provide victims with victim impact statements and assist them with filling out the statements, when requested
  • Send victims a letter telling them of the sentence and providing them with parole input or dept. of corrections notification forms
  • Assist victims with getting property returned which is being held as evidence
  • Assist victims with collection of overdue restitution
  • Refer victims to area support groups
  • Respond to the scene of a robbery at a business to provide crisis intervention and incident debriefing to the business' employees

Beyond the preparation and trial of criminals cases, the Commonwealth Attorney's Office advises law enforcement agencies, consults with and advises the local Police Department/Sheriff’s Office regarding policies and procedures, answers citizen inquiries concerning the criminal justice system and provides assistance for on-going criminal investigations of the City/County Police and the Virginia State Police.

Law enforcement officers bring in the majority of the cases the Commonwealth’s Attorney handles. The Commonwealth’s Attorney office also prosecutes cases initiated by a citizen's complaint.