Fairfax County Circuit Court
The Fairfax County Circuit Court handles felony criminal prosecutions, jury trials, criminal appeals from Fairfax County General District Court and Juvenile and Domestic Relations District Court, and other matters within the jurisdiction of a Virginia Circuit Court. A criminal case may reach Circuit Court because it involves a felony charge or because a defendant has appealed a conviction from a district court. Understanding how the case arrived in Circuit Court is an important part of understanding what happens next.
Fairfax Circuit Court Guide
Quick Reference: Fairfax County Circuit Court
| Item | Information |
|---|---|
| Courthouse | Fairfax County Courthouse |
| Address | 4110 Chain Bridge Road, Fairfax, VA 22030 |
| Clerk’s Office Hours | Monday – Friday, 8:00 AM – 4:00 PM |
| Circuit Court Clerk | 703-246-4111 |
| General Court Information | 703-691-7320 |
| Public Parking | Garage B – 10550 Page Avenue, Fairfax, VA 22030 |
| Parking Cost | $2.50 per hour, with a $12.50 daily maximum |
The Fairfax County Courthouse is a busy court complex. Allow enough time to park, walk from the parking garage, pass through courthouse security, and locate the assigned courtroom before the scheduled court time.
What Criminal Cases Are Heard in Fairfax County Circuit Court?
Fairfax County Circuit Court is a court of record and handles criminal matters that are different from the cases ordinarily tried in Fairfax County General District Court.
Criminal proceedings in Circuit Court commonly include:
- Felony prosecutions
- Cases proceeding after indictment by a grand jury
- Felony jury and bench trials
- Pretrial motions and evidentiary hearings
- Guilty pleas and sentencing proceedings
- Appeals from Fairfax County General District Court
- Appeals from Fairfax County Juvenile and Domestic Relations District Court
- Other criminal proceedings assigned to Circuit Court by Virginia law
Although Circuit Court also has extensive civil jurisdiction, this page focuses on criminal cases and criminal appeals handled in Fairfax County.
For broader information about criminal defense in Fairfax County, visit our Fairfax criminal lawyer page.
How Does a Fairfax Felony Case Reach Circuit Court?
A felony case can reach Fairfax County Circuit Court through more than one procedural route.
Many felony charges begin in the Fairfax County General District Court. Because General District Court does not conduct felony trials, the district court may conduct a preliminary hearing to determine whether there is sufficient evidence to establish probable cause.
If the judge finds sufficient cause to believe that a felony offense has been committed and that the accused committed it, the charge may be certified for further proceedings in Circuit Court.
A defendant may also waive a preliminary hearing in appropriate circumstances.
In other cases, the Commonwealth may seek an indictment from a grand jury. A felony prosecution may therefore reach Circuit Court without following exactly the same path in every case.
The procedural history matters. A person facing a felony charge should understand whether the case reached Circuit Court after a preliminary hearing, waiver, indictment, or another procedure because that history can affect what happens next.
Grand Jury and Indictments in Fairfax County
A Virginia grand jury plays an important role in felony prosecutions.
An indictment is a written accusation of a crime that has been returned as a “true bill” by a legally impaneled grand jury. In considering a proposed indictment, the grand jury determines whether there is sufficient probable cause for the criminal charge to proceed.
An indictment is not a finding of guilt. It allows the prosecution to move forward in Circuit Court, where the Commonwealth still bears the burden of proving the criminal charge beyond a reasonable doubt.
After indictment, a felony case may involve arraignment, pretrial motions, discovery, plea negotiations, trial preparation, and ultimately a guilty plea or trial.
Arraignment and Pretrial Proceedings in Fairfax Circuit Court
Once a felony case is pending in Circuit Court, several proceedings may occur before trial.
Depending on the case, those proceedings may involve:
- Arraignment and entry of a plea
- Appointment or retention of counsel
- Setting a trial date
- Discovery and review of the Commonwealth’s evidence
- Motions concerning the admissibility of evidence
- Suppression issues
- Subpoenas and witness preparation
- Bond-related issues
- Plea negotiations
- Other pretrial motions
Not every case involves every type of hearing or motion. The appropriate pretrial strategy depends on the charge, evidence, procedural history, and available defenses.
Felony Trials in Fairfax County Circuit Court
Felony trials take place in Circuit Court rather than General District Court.
At trial, the Commonwealth has the burden of proving each required element of the charged offense beyond a reasonable doubt. The prosecution may present witnesses, physical evidence, recordings, documents, scientific evidence, or other admissible evidence.
The defense may challenge the Commonwealth’s evidence, cross-examine witnesses, object to inadmissible evidence, present defense evidence when appropriate, and assert applicable factual or legal defenses.
A criminal case in Circuit Court may be tried before a judge or, when the applicable requirements are satisfied, before a jury.
Jury Trials in Fairfax Circuit Court
One important difference between Circuit Court and Virginia district courts is the availability of a jury trial.
General District Court and J&DR Court do not conduct jury trials. Circuit Court does.
A jury trial generally involves:
- Selection of the jury
- Opening statements
- The Commonwealth’s evidence
- Cross-examination of prosecution witnesses
- Defense evidence, if presented
- Closing arguments
- Instructions from the judge concerning the law
- Jury deliberations and verdict
Under current Virginia law, the judge ordinarily determines punishment following a criminal conviction, including following a jury trial. A defendant who is tried by a jury may instead make a timely written request for the jury to determine punishment as provided by Virginia law.
Guilty Pleas and Sentencing in Fairfax Circuit Court
Not every Fairfax Circuit Court criminal case goes to trial. Some cases are resolved through guilty pleas or plea agreements.
Before accepting a guilty plea, the court must address the defendant and determine that the plea satisfies the applicable legal requirements.
If a defendant is convicted following a plea or trial, the case proceeds to sentencing. Depending on the offense and circumstances, sentencing may involve:
- The statutory range of punishment
- Virginia sentencing guidelines where applicable
- The defendant’s prior record
- The circumstances of the offense
- Evidence and argument in mitigation
- Victim-impact evidence where applicable
- Presentence investigation information where required or ordered
- Restitution where applicable
- Probation or other conditions
The statutory maximum or sentencing range does not necessarily predict the sentence that will be imposed in an individual case. Sentencing depends on the offense, applicable law, evidence, criminal history, mitigation, and other circumstances.
Appeals from Fairfax County General District Court
Circuit Court does not handle only felony cases. It also hears appeals from the Fairfax County General District Court.
A person convicted in district court of a non-felony offense generally has 10 days from the conviction to note an appeal to Circuit Court.
The Circuit Court appeal is heard de novo. This means the case is heard again in Circuit Court rather than simply having a Circuit Court judge review the General District Court judge’s decision for legal error.
The Circuit Court proceeding therefore becomes a new trial of the charge.
This appeal procedure can apply to many misdemeanor and traffic-related criminal cases, including:
- DUI / DWI
- Reckless driving
- Driving on a suspended or revoked license
- Hit and run and other criminal traffic offenses
- Assault and battery
- Petit larceny and other misdemeanor criminal charges
Because the appeal period is short, a defendant considering an appeal should address the decision promptly.
DUI, Reckless Driving and Traffic Appeals in Fairfax Circuit Court
A person convicted of DUI, reckless driving, or another qualifying non-felony traffic-related offense in Fairfax General District Court may appeal the conviction to Circuit Court.
The case is not limited to the evidence or ruling from the original district-court trial. Because the appeal is de novo, the prosecution and defense present the case again in Circuit Court.
That distinction is important. A de novo appeal is different from an appellate court reviewing a lower court record to determine whether the judge made a legal mistake.
Depending on the offense and applicable procedure, a defendant in a Circuit Court appeal may also have a right to request a jury trial.
For more information about these charges, see our Fairfax DUI / DWI lawyer, Fairfax reckless driving lawyers, and Fairfax traffic lawyer pages.
Appeals from Fairfax Juvenile and Domestic Relations District Court
Fairfax Circuit Court also hears appeals from the Fairfax County Juvenile and Domestic Relations District Court.
A final judgment, order, or conviction from J&DR Court generally may be appealed to Circuit Court within 10 days. The appeal is ordinarily heard de novo.
Depending on the underlying case, a J&DR appeal may involve a juvenile matter, an adult criminal prosecution involving family or household members, a protective-order proceeding, or another matter within J&DR jurisdiction.
Because different procedural requirements can apply depending on the type of case, the particular order and applicable appeal rules should be reviewed carefully.
What Happens After a Fairfax Circuit Court Criminal Conviction?
A Circuit Court conviction is different from a General District Court conviction when it comes to appellate review.
An appeal from district court to Circuit Court generally produces a new de novo proceeding. An appeal from a final criminal conviction in Circuit Court, by contrast, generally proceeds to the Court of Appeals of Virginia and does not simply result in another new trial.
An appellate court reviews legal issues under the applicable standards of review and based on the record developed in Circuit Court.
Post-trial deadlines can be important. A defendant considering further appellate review should therefore address those issues promptly after the Circuit Court proceedings.
How Fairfax Circuit Court Differs from the Other Fairfax Courts
Fairfax County’s three principal trial courts serve different functions.
The Fairfax County General District Court handles most adult traffic matters, DUI / DWI, reckless driving, misdemeanor criminal trials, and preliminary hearings in many felony cases.
The Fairfax County Juvenile and Domestic Relations District Court handles juvenile delinquency and traffic cases, certain adult criminal cases involving family or household members, protective orders, and other juvenile and domestic matters.
Fairfax County Circuit Court conducts felony trials, jury trials, criminal proceedings following indictment, and de novo appeals from the district courts.
For an overview of the Fairfax court system, visit our Fairfax County Courts page.
Common Questions About Fairfax County Circuit Court
What criminal cases does Fairfax County Circuit Court hear?
Fairfax Circuit Court handles felony criminal prosecutions, jury trials, appeals from General District Court and Juvenile and Domestic Relations District Court, sentencing proceedings, and other criminal matters within Circuit Court jurisdiction.
How does a felony case get to Fairfax Circuit Court?
A felony case may reach Circuit Court after a preliminary hearing and certification from a district court, after waiver of a preliminary hearing, through indictment by a grand jury, or through another procedure authorized by Virginia law.
What is a grand jury indictment?
An indictment is a written accusation of a crime returned as a true bill by a grand jury after the grand jury determines that sufficient probable cause exists for the charge to proceed. An indictment is not a conviction and does not establish guilt.
Can I have a jury trial in Fairfax Circuit Court?
Circuit Court conducts jury trials in criminal cases when the requirements for a jury trial are satisfied. Virginia district courts do not conduct jury trials.
Can a Fairfax General District Court conviction be appealed to Circuit Court?
Yes. A person convicted in district court of a non-felony offense generally has 10 days from the conviction to appeal to Circuit Court. The appeal is heard de novo, meaning the case is heard again in Circuit Court.
Can a DUI or reckless driving conviction be appealed to Fairfax Circuit Court?
Yes. A qualifying DUI, reckless driving, or other non-felony conviction in Fairfax General District Court may generally be appealed to Circuit Court within 10 days. The case is then heard de novo.
Can a Fairfax J&DR Court case be appealed to Circuit Court?
Generally, a final judgment, order, or conviction from Fairfax J&DR Court may be appealed to Circuit Court within 10 days and is heard de novo. Additional procedural requirements may apply depending on the type of case.
Who determines the sentence after a jury trial in Virginia Circuit Court?
Under current Virginia law, the judge ordinarily determines punishment. A defendant tried by a jury may make a timely written request for the jury to determine punishment as provided by Virginia law.
Fairfax County Court Pages
- Fairfax County Courts
- Fairfax County General District Court
- Fairfax County Juvenile and Domestic Relations District Court
Defense Services
- Fairfax Criminal Lawyer
- Fairfax DUI / DWI Lawyer
- Fairfax Reckless Driving Lawyers
- Fairfax Traffic Lawyer
Defense Representation in Fairfax County
Our attorneys represent clients facing felony charges and criminal appeals in Fairfax County Circuit Court, as well as defendants whose DUI, reckless driving, traffic, or misdemeanor cases have reached Circuit Court following an appeal from General District Court. Our attorneys can review the charge and procedural history, evaluate the evidence, explain the Circuit Court process, and discuss possible defenses and outcomes. If you would like to discuss your situation, you can contact our lawyers for a confidential consultation.
3/28/2026 | Updated 9/13/2026