Arlington General District Court, Virginia
Court-Level Rules, Filing Procedures & Policies
Document Filing Requirements1 rule
The Court may require a form describing the defendant’s financial condition or, for an in-court request, conduct an oral examination about the defendant’s resources and obligations.
Court's wording
The defendant may be required to submit a form developed by the Executive Secretary of the Supreme Court setting forth the financial condition of the defendant or, if the request is made in Court, the Court may conduct an oral examination of the defendant to determine the defendant’s financial resources and obligations.
Filing & Service rules
Filing Timing and Cure Windows
A defendant who does not pay fines and costs or enter a payment agreement within 90 days after sentencing or disposition may be referred for collection, with additional collection costs added.
If a defendant does not pay fines and/or costs within 90 days of sentencing or disposition or if a defendant does not enter into a deferred payment(s) or installment agreement within 90 days of sentencing or disposition, the case may be referred for collection enforcement action under §19.2-349 and the amount owed and collected will be increased to reflect the additional costs associated with the collection action.
Criminal cases · Court notice
Page 1 | I. Payment of Court Costs and Fines
A defendant should request a Payment Agreement within 90 days of disposition to avoid possible collection referral.
A request for a Payment Agreement should be made within 90 days of disposition or the matter may be referred for collection enforcement action under §19.2-349.
Criminal cases · Court notice
Page 1 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
Filing Fees and Waivers
Clerks may establish and approve individual Payment Agreements for up to one calendar year.
The Clerks of the Arlington County General District are authorized to establish and approve individual Payment Agreements up to 1 calendar year.
Criminal cases · Court notice
Page 1 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
A defendant may be assessed a one-time $10 fee when entering a Payment Agreement if the fines or costs will not be paid in full within 90 days.
Upon entering into a Payment Agreement, a defendant may be assessed an additional, one-time fee of $10 if the fines and/or costs will not be paid in-full within 90 days.
Criminal cases · Court notice
Page 1 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
When approving a subsequent Payment Agreement after default, the Court may require a down payment capped at 10% for debts of $500 or less, or the greater of 5% or $50 for debts above $500.
Upon approving a subsequent Payment Agreement after default, the Court may require a down payment which will not exceed: (1) if the fines and costs owed are $500 or less, 10 percent of such amount (2) if the fines and costs owed are more than $500, five percent of such amount or $50, whichever is greater.
Criminal cases · Court notice
Page 2 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
A defendant who defaults may petition for a subsequent Payment Agreement, and the Court will consider changes in the defendant’s circumstances when deciding whether to approve it.
A defendant who has defaulted on a Payment Agreement may petition the Court for a subsequent Payment Agreement. In determining whether to approve a subsequent Payment Agreement after default, the Court will consider any change in the defendant’s circumstances.
Criminal cases · Court notice
Page 2 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
A defendant may request a Payment Agreement modification at any time, and the Court may grant it upon a good-faith showing of need.
At any time during the duration of the Payment Agreement, a defendant may request a modification of the Payment Agreement and the Court may grant such modification based on a good faith showing of need.
Criminal cases · Court notice
Page 1 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
Interest does not accrue during the specified periods following judgment or release, while the defendant is incarcerated, or while fines and costs are being paid by agreement.
No interest shall accrue on any fine or costs imposed in a criminal case or traffic infraction: (1) for a period of 180 days following the date of final judgment imposing such fine or costs; (2) during any period that the defendant is incarcerated; (3) for a period of 180 days following the date of the defendant’s release from incarceration if the sentence includes an active term of incarceration; or (4) during the period of time in which fines and/or costs are being paid in deferred or installment payments as set forth below.
Criminal cases · Court notice
Page 1 | I. Payment of Court Costs and Fines
Eligible defendants may pay imposed fines and assessed court costs through deferred payments or installments under a Payment Agreement.
Any defendant convicted of a traffic infraction or a violation of any criminal law or found not innocent in deferred proceedings may pay any fine imposed and court costs assessed in deferred payment(s) or installments (“Payment Agreement”).
Criminal cases · Court notice
Page 1 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
A defendant may include fines and costs owed across all Arlington General District Court cases in one Payment Agreement.
All fines and costs that a defendant owes for all cases in the Arlington General District Court may be incorporated into one Payment Agreement.
Criminal cases · Court notice
Page 1 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
A defendant may request a Payment Agreement at the proceeding where costs and fines are assessed or petition for one in the Clerk’s Office.
A request for a Payment Agreement may be made at the Court proceeding when the costs and fines are assessed. Alternatively, a defendant may petition for a Payment Agreement in the Clerk’s Office.
Criminal cases · Court notice
Page 1 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
An initial Payment Agreement does not require a down payment.
A defendant is not required to make a down payment upon entering an initial Payment Agreement.
Criminal cases · Court notice
Page 1 | II. Deferred Payment and Installment Agreements for Court Costs, Fines, and Restitution
Adjournment & Extension Requirements
Continuances are granted by a judge on motion.
Continuances granted by Judge on motion.
Page 1 | Continuance Policy