Being charged with a felony in Virginia does not necessarily mean the case proceeds directly to trial. When a felony case begins with an arrest warrant, the accused generally has a statutory right to a preliminary hearing in the appropriate district court unless the hearing is waived in writing. This means that before a jury or judge ever weighs the full evidence, your case passes through a critical gatekeeping stage called a preliminary hearing. For many people facing serious criminal charges in Roanoke, this proceeding is one of the most misunderstood parts of the process. However, a preliminary hearing is not required in every procedural route; if a defendant is directly indicted by a grand jury, they generally have no right to a preliminary hearing because probable cause has already been determined.

What Is a Preliminary Hearing in Virginia?

A preliminary hearing is a court proceeding in which a judge determines whether there is enough evidence to send a felony case to a grand jury or circuit court.

Virginia law grants felony defendants arrested on a felony charge the right to a preliminary hearing under Virginia Code § 19.2-218, unless the right is waived in writing. Virginia Code § 19.2-183 primarily governs the procedures used during the hearing itself.

The standard the Commonwealth must meet is called probable cause. This is a lower bar than proof beyond a reasonable doubt. The prosecutor must show the judge that there is probable cause to believe a crime was committed and that the defendant committed it. If that threshold is not met for the felony, the judge can dismiss the charge or, if the evidence supports only a misdemeanor, certify or dispose of the misdemeanor as permitted by law.

How Is a Preliminary Hearing Different From a Trial?

A preliminary hearing is not a trial. The judge does not decide guilt or innocence — only whether there is enough evidence to proceed.

This distinction matters. Preliminary hearings are not trials, but under Virginia Code § 19.2-183(B), the court still applies many of the rules of evidence applicable to criminal trials. Virginia law contains specific statutory provisions allowing certain certificates and reports to be admitted without testimony from the person who prepared them. Whether particular testimony or out-of-court statements are admissible depends on the applicable hearsay rule, statutory exceptions, constitutional limitations, and the specific facts of the case.

Defendants do not have to testify. In fact, whether to testify is a case-specific decision to make in consultation with defense counsel. The defense’s goal at this stage is often to listen, observe, and evaluate the prosecution’s evidence rather than to mount a full defense.

Where Does a Preliminary Hearing Take Place?

In the Roanoke area, felony preliminary hearings are held in the General District Court before the case can advance to the Circuit Court.

The Roanoke City General District Court handles preliminary hearings for felony matters originating in the city. Cases in Roanoke County are handled through the Roanoke County General District Court. The hearing is presided over by a General District Court judge, not a jury.

After the hearing, if probable cause is found, the case is certified to the Circuit Court of the City of Roanoke or the Circuit Court of Roanoke County, depending on the jurisdiction where the case may proceed through grand-jury indictment and subsequent circuit-court proceedings. Certification itself is not a finding of guilt. Circuit Court is where felony trials and plea proceedings occur.

What Happens During the Hearing?

The Commonwealth presents evidence, the defense may cross-examine witnesses, and the judge rules on whether probable cause exists to certify the charge.

Here is how the proceeding generally unfolds:

  • The prosecutor presents the Commonwealth’s evidence, often through law enforcement testimony.
  • Defense counsel may cross-examine the witnesses who do appear under Virginia Code § 19.2-183(B).
  • The defense may present evidence, though this is often treated as a practical strategic choice rather than a formal restriction.
  • The judge rules on whether probable cause has been established for each charge.

Cross-examination is one of the most valuable tools available at this stage. Counsel may use cross-examination to assess testimony, preserve inconsistencies, and obtain information relevant to later proceedings.

What Are the Possible Outcomes?

A judge can certify the case to a higher court, reduce a charge to a misdemeanor, or dismiss the charge if probable cause is not established.

If the judge finds probable cause, the felony charge is certified to the Circuit Court. From there, the case ordinarily proceeds in Circuit Court through a grand-jury indictment or another authorized charging procedure, followed by Circuit Court proceedings.

If the judge finds that probable cause supports only a lesser offense, the charge may be reduced to a misdemeanor and handled in General District Court. If the Commonwealth fails to establish probable cause entirely, the charge is dismissed. The procedural effect of a dismissal—and whether the Commonwealth can later seek an indictment—depends on how the case ended, applicable statutory authority, and Virginia case law.

Should You Waive Your Preliminary Hearing?

Waiving a preliminary hearing is sometimes strategic, but it gives up the opportunity to examine the Commonwealth’s evidence before the circuit court.

Defendants have the right to waive the preliminary hearing under Virginia Code § 19.2-218, while § 19.2-183 covers the court’s procedure during a waiver and advice regarding counsel. Some attorneys advise waiving in certain circumstances, particularly when the facts strongly favor the prosecution, and there is little to be gained from exposing the defense’s strategy early. In other cases, the hearing offers a genuine opportunity to challenge the evidence or work toward a favorable outcome before the case escalates. However, waiving also impacts the timing of the case and forfeits the opportunity to cross-examine witnesses early.

This decision depends heavily on the specific facts of your case. There is no universal answer, and anyone facing this choice should discuss it carefully with their attorney before making a decision.

Facing a Felony Charge in Roanoke? We Can Help.

A preliminary hearing is not a formality. It is an important early opportunity to challenge the case against you, and how your attorney uses that opportunity can shape everything that follows. At the Law Office of Seth C. Weston, PLC, we represent individuals facing serious criminal charges throughout the Roanoke area, including proceedings in both city and county courts.

If you or someone you know is facing a felony charge and has a preliminary hearing scheduled, do not wait to involve counsel. Call us at (540) 384-4585 or contact us to discuss your situation.

Last updated: August 2026