Which Level of Government Writes the Majority of Criminal Laws? Virginia Beach Court Secrets Revealed

If you've ever wondered who actually writes the criminal laws that govern our daily lives, you're not alone. Many people assume federal authorities handle most criminal legislation, but the reality might surprise you. Understanding which level of government creates these laws: and how they're enforced in Virginia Beach courts: can significantly impact how you approach any criminal matter.

The Answer: State Governments Hold the Power

State governments write the majority of criminal laws in the United States. This means Virginia's General Assembly, not Congress, creates most of the criminal statutes that affect your daily life in Virginia Beach.

While federal agencies like the FBI and DEA handle crimes that cross state lines or involve federal interests (like tax evasion, interstate commerce violations, or federal property crimes), approximately 95% of criminal prosecutions occur at the state level. Virginia's criminal code covers everything from traffic violations to serious felonies like assault, theft, and drug possession.

This state-level authority exists because the Constitution grants states "police powers": the fundamental right to protect public health, safety, and welfare within their borders. Virginia exercises this authority through comprehensive criminal statutes found in Title 18.2 of the Virginia Code.

How Virginia's Criminal Law System Actually Works

Virginia's approach to criminal law reflects a carefully structured system that balances state authority with local enforcement. The Virginia General Assembly meets annually in Richmond to update, modify, and create new criminal statutes. These laws then get enforced by local police departments, sheriff's offices, and prosecuted by Commonwealth's Attorneys in each jurisdiction.

In Virginia Beach specifically, this means the Virginia Beach Police Department enforces state criminal laws alongside city ordinances. When you're charged with a crime in Virginia Beach, you're typically facing violations of Virginia state law, not federal law.

The Three-Tiered Court Structure

Virginia Beach operates under Virginia's unified court system, which divides criminal cases among three distinct courts based on the severity of charges and other factors.

Virginia Beach's Court Hierarchy: Where Your Case Goes

Understanding which court handles your case can help you prepare more effectively and set realistic expectations about the process ahead.

General District Court: The Starting Point

The General District Court serves as the entry point for most criminal matters in Virginia Beach. Located throughout the city with the main courthouse at 2425 Nimmo Parkway, this court handles:

• Misdemeanor charges (punishable by up to 12 months in jail)

• Traffic violations and infractions

• Preliminary hearings for felony charges

• City ordinance violations

• Civil matters up to $50,000

If you receive a traffic ticket or face misdemeanor charges like petit larceny, disorderly conduct, or first-offense DUI, your case will likely start here. The General District Court also processes online pre-payable citations, allowing you to resolve minor infractions without appearing in court.

Circuit Court: Serious Criminal Matters

Virginia Beach Circuit Court, also located at 2425 Nimmo Parkway (757-385-4501), handles the most serious criminal cases. This court of general jurisdiction tries:

• Felony cases (punishable by more than one year in prison)

• Appeals from General District Court

• Civil cases exceeding $50,000

• Jury trials for qualifying cases

Felony charges like grand larceny, aggravated assault, drug distribution, or DUI with multiple prior convictions will be prosecuted in Circuit Court. These cases typically involve more complex legal procedures, longer potential sentences, and the right to jury trials.

Juvenile & Domestic Relations Court: Specialized Jurisdiction

Located at 2425 Nimmo Parkway, Building 10A (757-385-4391), this specialized court handles:

• Juvenile criminal matters (defendants under 18)

• Family-related offenses like domestic violence

• Child custody and support disputes

• Foster care proceedings

If you're dealing with charges involving family members or if a minor is involved, your case may be directed to this court, which emphasizes rehabilitation and family preservation when possible.

The Criminal Process: What Happens After Arrest

Understanding the criminal process in Virginia Beach can help reduce anxiety and improve your ability to make informed decisions about your case.

Initial Stages

Arrest and Booking: Virginia Beach Police process arrests at the city jail or precinct, where you'll be fingerprinted, photographed, and may be held pending bail determination.

Bail and Release: Most misdemeanor charges allow for immediate release on personal recognizance or a small cash bond. Felony charges typically require a bail hearing within 48 hours.

Arraignment: Your first court appearance, where you'll hear the formal charges and enter a plea. This usually occurs within days of arrest for jail cases or several weeks for summons cases.

Case Development

Preliminary Hearings: Required for felony cases in General District Court, these hearings determine whether probable cause exists to send your case to Circuit Court.

Discovery Process: Your attorney can request police reports, witness statements, and physical evidence through formal discovery motions.

Plea Negotiations: Many cases resolve through plea agreements negotiated between your attorney and the Commonwealth's Attorney's office.

Lesser-Known Aspects of Virginia Beach Criminal Courts

Several aspects of Virginia Beach's criminal justice system aren't immediately obvious to defendants and their families:

Specialized Programs and Courts

Virginia Beach operates several diversion programs that can help first-time offenders avoid traditional prosecution:

• Drug Court: Intensive supervision program for non-violent drug offenders

• Mental Health Docket: Specialized handling for defendants with mental health issues

• Veterans Treatment Court: Alternative prosecution for qualifying veterans

Local Prosecution Policies

Virginia Beach Commonwealth's Attorney's office has developed specific policies for handling common charges. For example, they may offer diversion programs for first-offense shoplifting or require completion of alcohol education programs for certain DUI cases.

Administrative Efficiency

Virginia Beach courts have implemented several technological improvements that can benefit defendants:

• Online case lookup systems

• Electronic filing for attorneys

• Video conferencing for certain hearings

• Online payment systems for fines and costs

Practical Tips for Navigating Virginia Beach Criminal Courts

Before Your Court Date

Arrive Early: Virginia Beach courts process hundreds of cases daily. Arriving 30-45 minutes early ensures you can find parking, locate the correct courtroom, and check in with court staff.

Dress Appropriately: Courts expect professional attire. Business casual minimum, with no shorts, flip-flops, or revealing clothing.

Bring Documentation: Court orders, summons, identification, and any relevant paperwork should be organized and easily accessible.

During Court Proceedings

Address the Judge Properly: "Your Honor" is the appropriate term of address for all judges in Virginia Beach courts.

Listen Carefully: Court proceedings move quickly. Pay attention to instructions and ask for clarification if needed.

Avoid Discussing Your Case: Hallways and waiting areas are not private spaces. Avoid discussing case details where others can overhear.

Why Legal Representation Matters in Virginia Beach

Virginia's criminal statutes are complex, and local prosecution practices vary significantly between jurisdictions. What works in Norfolk might not be effective in Virginia Beach, and strategies that succeed in Richmond may fail in Coastal Virginia.

Experienced Virginia Beach criminal defense attorneys understand:

• Local prosecutor policies and negotiation practices

• Individual judge preferences and sentencing patterns

• Available diversion programs and eligibility requirements

• Procedural requirements specific to each court

The stakes in criminal cases extend far beyond immediate penalties. Convictions can affect employment opportunities, professional licenses, immigration status, and housing applications for years to come.

Take Action: Protect Your Rights and Future

If you're facing criminal charges in Virginia Beach, don't navigate this complex system alone. The intersection of state criminal law and local court procedures creates challenges that require experienced legal guidance.

Understanding that state governments write most criminal laws: and that Virginia Beach courts operate under specific local procedures: is just the beginning. The real question is how this knowledge can protect your rights and preserve your future opportunities.

Contact Coastal Virginia Law today for a confidential consultation about your criminal case. Our experienced team understands both Virginia's criminal statutes and Virginia Beach's unique court procedures. We'll evaluate your specific situation, explain your options clearly, and develop a defense strategy tailored to local practices and your individual circumstances.

Don't let uncertainty about the criminal process put your future at risk. Call us now to discuss how we can help protect your rights and achieve the best possible outcome for your case.