1. I wrote a statement about what happened. Why do I have to come to court?
The U.S. Constitution guarantees people charged with crimes will have the write to 'cross-examine their accusers.' In effect, the defendant or his attorney has the right to ask victims about the reported crime, including questions about what happened, how it happened, when it happened, and other details.
A written statement is only that-a written statement. There is no opportunity for the defendant to question the victim about the case. Therefore, the complaining witness in a case (also known as the victim) will always be needed to appear in court to testify, unless there are special circumstances, such as a plea agreement.
2. Can I drop charges?
The Commonwealth's Attorney's Office for York County and the City of Poquoson has a "no drop" policy on all charges. Because the defendant has broken a law of the Commonwealth of Virginia, the Commonwealth's Attorney's Office must prosecute the crime. What this means is that once charges are filed and the Commonwealth's Attorney's Office decides to proceed with the case, you can no longer withdraw the charges. Only a prosecutor handling the case can request a dismissal of the charges.
Only the Court has the authority to dismiss, or "drop" charges. However, the prosecutor handling the case will want to speak with you to talk about the case and what you would like to see happen to the person charged. The Victim-Witness Assistance Program staff can assist you in getting in touch with the prosecutor for your case and having your concerns heard.
3. Do I need to meet with the prosecutor before court?
In many cases, you will not actually need to meet face-to-face with the prosecutor on your case, as the prosecutor will contact you by phone to prepare for court. In other cases, such as cases involving children, sexual assault cases, stalking cases, and homicide cases, the prosecutor will always meet with victims prior to the court date. If you prefer to meet in person, it is possible to arrange a meeting. If you would like to schedule an appointment to discuss your case with the prosecutor, contact the Victim-Witness Assistance Program.
4. How do I get a protective order?
Learn about how to get a protective order for stalking or abuse.
5. Do I need to come to court early? Will I be in court all day?
In most cases, it is a good idea to arrive a few minutes early for your court case. This will allow you to be notified about any last-minute changes in your case, such as a plea agreement or a continuance. Unfortunately, it is never easy to predict the length of a court docket or how long court may run. In general, you should always appear for court on time, but expect some delays.
However, court dockets in York/Poquoson Courts are usually not frequently significantly delayed. If you are subpoenaed for a morning case between 8-10 a.m., you will generally be out of court by noon. If you are scheduled to appear for court between 1 and 2:30 p.m., your case will usually conclude by 5 p.m.
6. Is there a separate waiting area available when I have to appear in court?
Yes. There are a variety of separate waiting areas and other options available if you must appear for court and are concerned about your safety or anxious about having contact with the offender. To find out more information and what might be available for you, contact the Victim-Witness Assistance Program.