Muncipal Appeals(filing to opinion)100% within 3 monthsCourt of Appeals(filing of notice of appeal to conclusion)75% within 280 days95% within 1 year
Regular(filing to conclusion)90% within 12 months98% within 18 months100% within 24 monthsLimited Uncontested (filing to disposition)95% within 60 days100% within 120 daysLimited Contested(filing to disposition)90% within 90 days100% within 120 days
Felony(arrest to conclusion)90% within 120 days98% within 180 days100% within 1 yearPreliminary Hearings(arrest to conclusion)100% within 45 daysTraffic and Misdemeanors(arrest or citation to conclusion)90% within 60 days100% within 90 days
There are no comparable voluntary time guidelines for juvenile cases. Rather, a number of statutory provisions govern case processing intervals in cases of children in need of services (CHINS) and delinquency petition and warrants. These provisions can be found in Chapter 11 of Title 16.1 of the Code of Virginia. For example, after filing, a diversion or detention assessment should take place the next day or within 72 hours if the child has been detained. Va. Code § 16.1-248.1 and -250. If the juvenile is detained, transfer or preliminary hearing should take place within 21 days of detention (§ 16.1-277.1A); otherwise, the entire period from filing to disposition should be no longer than 120 days (§ 16.1-277.1B). If the juvenile court retains jurisdiction after this point, disposition should
take place within 30 days. § 16.1-277.1C. Other relevant provisions pertaining to discovery, notice by Commonwealth's Attorney, Transfer Reports, etc. within the time frames above can be found in §§ 16.1-269.1,-273, and -274A. Relevant discovery rules are at 8:15 and 3A:11.
Virginia is considering the development of case processing time standards for juvenile courts. The time standards are viewed as voluntary guidelines or goals, not as mandatory "standards."