Legal Question in Criminal Law in Virginia

I was recently indicted at a grand jury hearing in Fauquier County, Va. As I had not been summoned to appear, I did not. I was indicted and a capias was issued for my failure to appear. I turned myself in after a friend advised me to get on-line and check the court records. The upshot of this was $2500 bail. I am now out after posting bond.

The question is, are they allowed to issue the failure to appear capias, when I had never been summoned? (Sorry, I am not psychic!)


Asked on 8/11/14, 12:35 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You appear confused in the situation described as grand juries are merely

investigative bodies which normally do not issue subpoenas to appear to those who are considered "targets" of their investigations.

However, if you were indicted by such a tribunal, then a local circuit court would've summoned you to appear for an initial hearing (if you were not first

arrested and taken to jail) and if you failed to do so (for whatever reason), then

this court would've issued the capias for your failure to appear in the matter.

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Answered on 8/12/14, 8:40 am


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