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A misdemeanor is generally less serious than a felony. A Class 1 misdemeanor can carry up to 12 months in jail and a fine of up to $2,500. Common misdemeanor examples include reckless driving, DUI / DWI, petit larceny, shoplifting under $1,000, assault and battery, and driving on a suspended license.

A felony is more serious and may involve potential prison time, larger fines, and long-term consequences. Felony matters often begin with preliminary proceedings in the General District Court or Juvenile and Domestic Relations District Court, but felony trials are handled in the Virginia Beach Circuit Court.

No. General District Court and Juvenile and Domestic Relations District Court trials are bench trials, meaning the judge decides the case. Jury trials occur in the Virginia Beach Circuit Court.

At a first appearance, arraignment, or advisement, the judge may advise the defendant of the charge, explain the right to counsel, address bail or bond issues, and set the next court date. The next date may be a trial date, preliminary hearing, or another procedural hearing. There is usually no trial at the arraignment or advisement.

In criminal cases, the Commonwealth’s Attorney must comply with applicable discovery rules when discovery is properly requested. Different rules may apply depending on whether the case is in district court or circuit court. The clerk’s office does not provide the prosecution’s evidence, and ordinary traffic infractions generally do not involve the same discovery process as criminal cases.

Yes. Reckless driving is a Class 1 misdemeanor in Virginia. A conviction can carry up to 12 months in jail, a fine, license suspension, DMV points, and a criminal record.

Yes. Traffic-related convictions may be reported through DMV-related systems, and criminal convictions may appear in criminal record databases. Out-of-state drivers, military members, and people with professional licensing or employment concerns should review the possible consequences before deciding how to respond.

The Virginia Beach courts may issue a bench warrant or capias for failure to appear. Out-of-state status, military status, or inconvenience does not automatically excuse a missed court date.

It depends on the type of dismissal. A dismissal without prejudice or a nolle prosequi may allow the Commonwealth to bring the charge again. A dismissal with prejudice generally prevents refiling. If a case ends in an acquittal after trial, double jeopardy may prevent the same charge from being tried again.

Virginia convictions generally cannot be expunged under current expungement law. Dismissed charges, nolle prosequi charges, and not guilty verdicts may be eligible for expungement in certain situations. Beginning July 1, 2026, some convictions may be eligible for sealing under Virginia’s newer record-sealing laws, depending on the offense and statutory requirements.