Commonwealth's Attorney

Patricia Scales, Commonwealth's Attorney

Rene Holy, Legal Assistant

PH: (804) 492-4018, Fax: (804) 492-3709, M-F 8:30 am - 4:30 pm

 

Commonwealth's Attorney Office

The Commonwealth’s Attorney’s duties primarily encompass the prosecution of all criminal offenses that occur within Cumberland County, including traffic, misdemeanors and felonies. As in some smaller counties across the state, the position of Commonwealth’s Attorney in Cumberland is deemed by the state to be “part-time,” meaning the Commonwealth’s Attorney is also allowed to maintain a private law practice.

 

As the county’s only prosecutor, the Commonwealth’s Attorney handles cases in the Circuit, General District and Juvenile & Domestic Relations courts.

 

  • The General District Court convenes each Thursday (except for fifth Thursdays) at 8:30 a.m. and serves as the forum for the trial of all traffic and misdemeanor cases and for the preliminary hearing for all felonies.

 

  • The Juvenile & Domestic Relations Court serves as the forum for criminal matters involving minors or family or household members and for traffic infractions involving minors. These cases are tried on the second, third and fourth Friday of each month, beginning at 9:00 a.m. At least one parent is required to attend court with any defendant under the age of eighteen (18).

 

  • In the Circuit Court, the Commonwealth’s Attorney prosecutes and tries all felony cases and misdemeanor appeals. While the Circuit Court normally tries criminal cases several times each month, the Commonwealth’s Attorney is additionally responsible for the preparation and presentation of felony indictments to the Grand Jury which convenes on the first Tuesday following the fourth Monday in the months of January, April, June and September. Circuit Court normally begins at 9:30 a.m.

 

Please see the Virginia Supreme Court website ( www.courts.state.va.us) when you need to verify court dates and times in the General District and Circuit Courts. Cases pending in the Juvenile & Domestic Relations Court are not available online.

 

Victim/Witness Services

Victims and witnesses are encouraged to contact Wendy McClellan in the Victim-Witness Office at 804-598-5699. The Victim-Witness Office’s responsibilities include but are not limited to the following:

  • assisting in verifying your court date or obtaining follow-up information regarding the status of your case;

  • explaining courtroom procedures or answering questions about your role as a witness;

  • providing information about and applications for the Criminal Injuries Compensation Fund;

  • assisting if you would like someone to escort you to court and provide emotional support; and

  • providing assistance in obtaining reimbursement for travel expenses related to court appearances if you are an out-of-town victim and/or witness.

If you are the victim of a crime, please follow these steps for taking your case to court: For misdemeanors: Contact the Cumberland County Sheriff’s office (804-492-4120) and request that a Magistrate be brought in to speak with you about whether a criminal warrant can be issued on your behalf. The Magistrate has the right to refuse to issue a warrant.

For felonies: Contact the Cumberland County Sheriff’s office (804-492-4120) and ask to speak with a deputy so that your case can be investigated.

Warning! Please do not take out frivolous or falsified criminal warrants. You should take out a criminal warrant only if you want the other person criminally prosecuted, fined and/or jailed. Persons who choose to obtain falsified criminal warrants against others could face possible criminal prosecution that could result in conviction, fines and/or incarceration.