Madison Heights, VA asked in Criminal Law for Virginia

Q: What happens after pressing charges through the magistrate's office?

My fiance pressed charges against my brother for assault and battery and I was there as a witness. I just wanted to know what happens now. I was in a state of shock that I don't fully remember what the administrative assistant said to me. Who determines to issue subpoenas and warrants? When does that usually take place after the filing? Is there a chance based on my account and the victim's account for whoever's to decide against issuing these? I'm scared and nervous. I've tried looking up answers online so far and in not getting anything concrete or that makes sense to me.

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1 Lawyer Answer
Daniel P Leavitt
Daniel P Leavitt
  • Criminal Law Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: No need to worry about subpoena it's beyond your control. The warrant would have been issued by the magistrate, or not, if there was no probable cause.

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