Brunswick County Circuit Court, Virginia

Jury instructions must be submitted seven days before trial.

Instructions must be submitted 7 days prior to trial.

Page 1 | Terms of Court and General Information

Defendants will be mailed notice of their restitution and court-cost balances within five days of conviction.

Within 5 days of conviction, Defendants will be mailed, to their last known address, a notice of their Restitution and Court Costs balance.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

A defendant delinquent under an agreement must make a down payment to establish another agreement, subject to the stated balance-based limits.

IMPORTANT: If Defendant becomes delinquent under his agreement and wishes to set up another payment agreement, the Defendant shall be required to make a down payment. If the fines and costs owed are $500.00 or less, the required down payment shall not exceed 10% of such amount or if the fines and costs owed are more than $500.00, the required down payment shall not exceed 5% of such amount or $50.00, whichever is greater.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

If the Court has not previously ordered a time to pay restitution, the stated payment guidelines apply.

If a time to pay for restitution is not previously ordered by the court, it will be incorporated in the above stated guidelines.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

Initial down payments are optional unless required by the court; the stated caps vary with the balance, but a defendant may choose to pay more.

To enter into an initial payment agreement, down payments are optional unless the court requires a specific down payment. Down payments may not exceed 10% of the owed amount if the balance is $500.00 or less. If the total owed is more than $500.00, the required down payment my not exceed 5% of the amount owed or $50.00, whichever is greater. A defendant may choose to make a larger down payment.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

Payments are applied first to restitution and then to court costs.

Payments are first applied to Restitution and then to Court Costs.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

A deferred payment agreement requires payment of the full fines and costs at the end of its stated term, with no installments.

2. Deferred Payment Agreement: An agreement in which the Defendant agrees to pay the full amount of the fines and costs at the end of its stated term and no installment payments are required.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

An installment payment agreement requires monthly or other periodic payments until fines and costs are paid in full.

1. Installment Payment Agreement: An agreement in which the Defendant agrees to make monthly or other periodic payments until the fines and costs are paid in full.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

A defendant unable to pay fines and costs within 30 days of conviction or another disposition authorized by law may enter into a deferred, modified deferred, or installment payment agreement.

Any Defendant who is unable to pay fines and costs for a particular offense within 30 days of conviction, or other disposition authorized by law may enter into either a deferred payment agreement, a modified deferred payment agreement or an installment payment agreement.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

Court-cost payment agreements may be at least $25 per month; restitution payments are set by the Court, or must be at least $25 per month if the Court sets no amount.

Defendants may enter into a monthly payment agreement of at least $25.00 per month for Court Costs. Payment agreements for restitution are set by the Court. If an amount is not set by the Court, the payment agreement shall be for not less than $25.00 per month.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

Unless directed otherwise, payments in criminal cases are applied first to restitution, if any, and then to court fines and costs.

It is further ORDERED that, in all criminal cases coming before this court, unless directed otherwise, all payments made to court costs and restitution shall be first applied to the satisfaction of restitution, if any, and subsequently applied to court fines and costs.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

A person whose sole financial resource is Social Security or Supplemental Security Income need not pay until they have another resource or income.

IMPORTANT: If your sole financial resource is a Social Security benefit or Supplemental Security Income, then you are not required to pay until you have another resource or income.

Criminal cases

Page 2 | Guidelines for all payment agreements

The payment exemption does not apply to restitution, which remains due as ordered by the Court.

Please understand that any restitution that you may have been ordered to pay is NOT included in this exemption of payment and is due as the Court has ordered.

Criminal cases

Page 2 | Guidelines for all payment agreements

An account will not go to collections while the person's sole income remains unchanged.

As long as your sole income remains unchanged, your account will not go to collections.

Criminal cases

Page 2 | Guidelines for all payment agreements

Defendants should check with their Probation Officer whether community service can satisfy court costs; it cannot satisfy restitution.

Check with your Probation Officer to see if your Court Costs can be satisfied by performing Community Service. Community Service does not apply to payment of restitution.

Criminal cases

Page 1 | Deferred Payment Agreement Guidelines and Procedures for Court Costs, Fines and Restitution

Payment-agreement guidelines are within the discretion of the Clerk or her appointee and may depend on the circumstances of each case.

Guidelines for all payment agreements are at the discretion of the Clerk or her appointee and may depend on the circumstances of each case.

Criminal cases

Page 2 | Guidelines for all payment agreements