How Does an Accused Get Charged With a Crime?
A. In Virginia, there are two basic procedures for charging someone with a crime. First, the police officer can arrest you and take you before a magistrate to obtain a warrant. Once before the magistrate, the officer will tell his version of events and based upon that statement, the magistrate will determine whether there is probable cause to issue a warrant. The magistrate may determine whether to set bail at this time. The other way that you can be charged with a crime is by an indictment, an information, or some other charging document. The most commonly used charging document is the indictment. Essentially, the Commonwealths Attorney will decide whether to charge you with a crime. If so, an indictment will be prepared and a police officer or other witness will present it to the grand jury (a body of citizens) and tell them their version of the facts that suggest that you have committed a crime. The grand jury then has the option of returning a true bill (that they believe a crime h
