Federal cases in the Eastern District of Virginia

The Eastern District of Virginia covers Northern Virginia, the Richmond area and Hampton Roads. It has four divisions, and a case is heard in the division where it belongs under the court's rules. Here is where the court sits, who prosecutes and defends cases there, and where its rules are published.

Where does the court sit?

Court is held in Alexandria, Newport News, Norfolk and Richmond (28 U.S.C. § 127(a)). The court's Local Criminal Rule 18(B) divides the district into four divisions with those names.

• Alexandria Division

  401 Courthouse Square, Alexandria. Covers Alexandria and Arlington, Fairfax, Fauquier, Loudoun, Prince William and Stafford counties.

• Richmond Division

  701 East Broad Street, Richmond. Covers Richmond, Petersburg, Hopewell, Colonial Heights, Fredericksburg and nearby counties.

• Norfolk Division

  600 Granby Street, Norfolk. Covers Norfolk, Portsmouth, Suffolk, Virginia Beach, Chesapeake, Franklin and the Eastern Shore.

• Newport News Division

  2400 West Avenue, Newport News. Covers Newport News, Hampton, Williamsburg and York, James City, Gloucester and Mathews counties.

Division lists summarize Local Criminal Rule 18(B). Check the rule for the full list of counties and cities.

United States District Court for the Eastern District of Virginia

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Fourth Circuit (28 U.S.C. §§ 41, 1294(1)). Its decisions are binding on the federal judges in this district, so its precedent governs cases here (uscourts.gov, About the U.S. Courts of Appeals).

Who prosecutes and who defends?

Federal prosecutors here work for the United States Attorney's Office for the Eastern District of Virginia, part of the U.S. Department of Justice.

Anyone charged with a federal crime who can’t afford a lawyer can ask the court to appoint one (18 U.S.C. § 3006A). Here, appointed lawyers come from the Federal Public Defender, Eastern District of Virginia, a Federal Public Defender office with offices in Alexandria, Norfolk and Richmond, or from a panel of private lawyers the court approves.

Where are the local rules and sentencing procedures?

Every federal court follows the national rules, such as the Federal Rules of Criminal Procedure, plus its own local rules. This court publishes them on its local rules page.

The local rules do not add their own presentence report deadlines, so the federal rule applies: the report goes to the defense at least 35 days before sentencing, and objections are due within 14 days (Fed. R. Crim. P. 32(e)(2), (f)). Local Criminal Rule 32 keeps the probation officer's sentencing recommendation confidential.

“The probation officer’s sentencing recommendation is a confidential record and shall not be disclosed to anyone other than the Court except pursuant to Court order.”

How does a lawyer from outside the district appear here?

In many federal courts, a lawyer who isn’t a member of the court’s bar must ask the judge for permission to appear in a specific case (often called pro hac vice admission), and many courts also require a lawyer who is a member of their bar to sponsor the request or appear alongside. The judge decides whether to allow it. In this court, the rule is Local Criminal Rule 57.4(E).

“a practitioner qualified to practice in the United States District Court of another state or the District of Columbia may apply for pro hac vice admission in a specific case”

Which federal prisons are in this district?

Bureau of Prisons facilities in this district (bop.gov lists their judicial district as Eastern Virginia):

• FCI Petersburg Low

  Low security, with a satellite camp. Hopewell, Virginia. Part of FCC Petersburg.

• FCI Petersburg Medium

  Medium security. Hopewell, Virginia. Part of FCC Petersburg.

USP Lee, the other BOP prison in Virginia, is in the Western District of Virginia.

A prison being in this district doesn’t mean someone sentenced here will go there. The Bureau of Prisons decides where each person serves their sentence (18 U.S.C. § 3621(b)).

What families should know about federal cases in this district

• The first hearing comes fast. After an arrest, the person goes before a magistrate judge without unnecessary delay for an initial appearance (Fed. R. Crim. P. 5(a)). The judge decides whether they stay in custody while the case goes on (18 U.S.C. § 3142).
• Most felony cases start with an indictment. A grand jury decides in private whether to approve the charges (Fed. R. Crim. P. 6, 7).
• The presentence report matters. A federal probation officer writes a report on the offense and the person’s life before sentencing, and the defense can object to mistakes in it (Fed. R. Crim. P. 32(c)–(f)). Check this court’s schedule above.
• The judge decides the sentence. The judge must consider the Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a), including the person’s history and background. Families can write letters; there is no limit on the background information a judge may consider (18 U.S.C. § 3661).
• The appeal clock is short. A defendant’s notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).
• Prison phones and email are monitored. Don’t discuss the case on them (28 C.F.R. § 540.102).

More questions families ask →

Sources

• U.S. District Court for the Eastern District of Virginia
• E.D. Va. court locations
• 28 U.S.C. § 127
• E.D. Va. Local Rules (Dec. 1, 2024 PDF)
• 28 U.S.C. § 41 (circuits)
• uscourts.gov: About the U.S. Courts of Appeals
• USAO Eastern District of Virginia
• Federal Public Defender, E.D. Va.
• FCI Petersburg Low (bop.gov)
• FCI Petersburg Medium (bop.gov)
• USP Lee (bop.gov)

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