Which Level of Government Writes Criminal Laws? Understanding Your Rights When Facing Charges in Virginia

If you're facing criminal charges in Virginia, you might be wondering who actually has the authority to write the laws you're accused of breaking. It's a fair question, and understanding the answer can help you better navigate your situation and protect your rights. The reality is more complex than you might think, involving multiple levels of government with different responsibilities and jurisdictions.

Whether you're dealing with a misdemeanor charge or something more serious, knowing which government entity created the law you're accused of violating: and what rights you have in Virginia's unique legal system: can empower you to advocate effectively for yourself and work more productively with your legal team.

The Foundation: Who Actually Writes Criminal Laws?

The legislative branch of government holds the primary responsibility for writing criminal laws, but this happens at both federal and state levels. Here's where it gets interesting for Virginia residents: the vast majority of criminal laws you'll encounter are actually written by your state legislature, not by Congress in Washington, D.C.

Virginia's General Assembly: your state legislature: creates most of the criminal statutes that affect daily life. These cover everything from traffic violations and theft to assault and drug offenses. When you're charged under Virginia law, you're facing what are called "Commonwealth charges," since Virginia is officially a Commonwealth rather than a state.

Federal criminal laws, written by Congress, typically focus on specific areas like counterfeiting, crimes that cross state lines, offenses on federal property, and violations of federal regulations. While these federal laws exist, most people facing criminal charges will be dealing with state-level offenses created by Virginia's legislature.

To promote consistency across the country, legal scholars developed the Model Penal Code in 1962. Virginia, like many states, has incorporated portions of this model into its own criminal code, but each state maintains the flexibility to adapt laws to its specific needs and values.

Virginia's Criminal Law Framework: What Makes It Unique

Virginia has developed its own comprehensive criminal code that reflects the Commonwealth's particular approach to justice. Understanding this framework is crucial because it directly impacts how your case will be handled and what penalties you might face.

The Commonwealth classifies misdemeanors into four distinct categories, each with specific penalties:

Class 1 Misdemeanors carry the most serious consequences among misdemeanors, with potential jail time of up to 12 months and fines up to $2,500. These might include charges like assault and battery or driving under the influence.

Class 2 Misdemeanors can result in up to 6 months in jail and fines up to $1,000. Examples might include certain theft charges or trespassing offenses.

Class 3 and Class 4 Misdemeanors don't carry jail time but can still result in significant fines: up to $500 for Class 3 and up to $250 for Class 4 offenses.

Any misdemeanor that doesn't specify a particular class is automatically treated as a Class 1 misdemeanor, meaning it carries the most serious potential consequences.

Virginia's Two-Tiered Court System: What You Need to Know

One of the most important things to understand about facing charges in Virginia is the Commonwealth's unique two-tiered court system. This structure can actually work to your advantage if you understand how to navigate it properly.

General District Court: Your First Stop

Most criminal cases begin in General District Court, which handles all misdemeanor charges and preliminary hearings for felonies. Here are the key characteristics you need to know:

• No jury trials are available in General District Court

• Proceedings are not recorded (no court stenographer)

• The judge makes all decisions about guilt or innocence

• You have an automatic right to appeal any adverse decision

Circuit Court: Where Serious Cases Go

Circuit Court handles felony trials and appeals from General District Court. This is where the system becomes more formal and offers additional protections:

• Jury trials are available for both felonies and appealed misdemeanors

• All proceedings are officially recorded

• You have the right to demand a jury trial

• Appeals from General District Court are heard "de novo," meaning your case starts fresh

This two-tiered system means that if you're convicted of a misdemeanor in General District Court, you can appeal to Circuit Court and essentially get a completely new trial. This provides an important safety net that doesn't exist in many other states.

Your Constitutional Rights in Virginia Criminal Cases

The Virginia Constitution provides specific protections that go beyond what you might expect from federal constitutional guarantees. Understanding these rights can help you work more effectively with your attorney and ensure you're fully protected throughout the legal process.

Under Article I, Section 8 of the Virginia Constitution, you have the explicit right to:

• Demand the cause and nature of your accusation - This means prosecutors must clearly explain exactly what you're charged with and the legal basis for those charges

• Be confronted with your accusers and witnesses - You have the right to face those testifying against you and challenge their testimony

• Call for evidence in your favor - You can compel the production of evidence that supports your defense

These rights work in conjunction with your federal constitutional protections, including the right to remain silent, the right to an attorney, and protection against unreasonable searches and seizures.

Commonwealth vs. Federal Charges: Understanding the Difference

Recognizing whether you're facing Commonwealth or federal charges is crucial because it affects everything from which court will hear your case to what penalties you might face.

Commonwealth charges are prosecuted in Virginia's state court system with local judges and follow Virginia's criminal procedures. These cases typically move through the two-tiered system described above and are governed by Virginia's sentencing guidelines.

Federal charges are prosecuted in federal court with federal judges and follow federal criminal procedures. These cases don't go through Virginia's General District Court system and often carry different, sometimes more severe penalties.

The distinction usually depends on the nature of the crime. If your alleged offense crossed state lines, occurred on federal property, or violated federal regulations, you're likely facing federal charges. Most other criminal matters will be handled at the Commonwealth level.

Practical Steps to Protect Your Rights

Understanding your rights is only valuable if you know how to exercise them effectively. Here are some actionable steps you can take to protect yourself when facing criminal charges in Virginia:

Exercise Your Right to Remain Silent: Even though you have strong constitutional protections, anything you say can still be used against you. Politely decline to answer questions without an attorney present.

Request Legal Representation: Virginia's public defender system is available if you cannot afford private counsel. Don't waive this right, even for seemingly minor charges.

Understand Your Court Options: If you're facing misdemeanor charges in General District Court, remember that you have an automatic right to appeal to Circuit Court for a jury trial if you're not satisfied with the outcome.

Document Everything: Keep detailed records of all interactions with law enforcement, court dates, and communications with your attorney.

The Bottom Line for Virginia Defendants

Virginia's General Assembly writes the criminal laws that most likely apply to your case, but the Commonwealth's unique court system and constitutional protections provide you with multiple layers of protection and opportunity for defense. The two-tiered court system, in particular, offers second chances that aren't available in many other states.

Whether you're dealing with a minor traffic violation or more serious charges, understanding that Virginia's legislature created these laws: and that you have specific rights under both Virginia and federal constitutions: puts you in a better position to work with your legal team and navigate the system effectively.

Remember that while this information helps you understand the framework you're operating within, every criminal case is unique. The specific circumstances of your charges, your personal history, and the particular court handling your case all influence how these general principles apply to your situation. Working with experienced legal counsel who understands Virginia's system is essential to protecting your rights and achieving the best possible outcome in your case.