
The
Legislature of the Virgin Islands granted expanded jurisdiction to the Territorial Court, now
known as the Superior Court on September 30, 1993, pursuant to Act. No. 5890. The Superior Court
of the Virgin Islands assumed original jurisdiction in all criminal actions pursuant to 4 V.I.
Code Ann. § 76, effective January 1, 1994.
The Criminal Division, established pursuant to 4 V.I. Code Ann. § 79, is the division of the
Clerk’s
Office, that maintains all criminal-related Court records. The Criminal Division is
responsible for filing and docketing case pleadings, processing the Court’s Orders, and issuing
summons, subpoenas and warrants. Additionally, the division prepares for, schedules and oversees
initial and preliminary hearings, processes bail and bail forfeitures, and appeals of criminal
cases to the Appellate Division of the
District Court of the Virgin Islands.
In accordance with 14 V.I. Code Ann. § 1, a crime or offense is defined as an act
committed or omitted in violation of a law of the Virgin Islands and punishable by
imprisonment, fine, removal from office, or disqualification to hold and enjoy any
office of honor, trust, or profit. Pursuant to 14 V.I. Code Ann. § 2, crimes and
offenses are divided into felonies and misdemeanors.
All criminal records maintained by the Clerk’s Office are public records. However,
the Clerk’s Office, Criminal Division, does not provide case information or case
dispositions over the telephone. Files and the information contained therein are a
matter of public record unless sealed by a Court’s Order.
The Office of the Clerk of the Superior Court is prohibited from rendering legal advice,
interpreting law and recommending a specific attorney. You may wish to call the
Virgin Islands Bar Association’s
Referral Service at (340) 778-7497, if you need assistance in
locating an attorney.
The following information is provided to help you understand the proceedings in the Criminal Division.
LITTER AND LITTER ENFORCEMENT
Chapter 56 of Title 19 of the Virgin Islands Code establishes the proper storage,
transportation and disposal of solid and hazardous wastes in the Virgin Islands,
thereby promoting and facilitating, wherever possible, the recycling of solid waste
products, and resource conservation and recovery. Further, the said statute is
intended to educate the public on the need for, and to impose upon all persons, the
duty of contributing to public cleanliness in order to promote the public health,
safety and welfare. It is also to protect the economic and aesthetic interests of
the people of the Virgin Islands.
The Criminal Division of the Clerk’s Office is responsible for the proper disposition
of all litter offenses, the preparation of the appropriate records relating to these litter
tickets as directed by the Court. The Clerk of the Superior Court is the repository for all
litter tickets issued to law enforcement officers and others.
CONSERVATION
The laws regulating conservation in the Virgin Islands are established pursuant to
Title 12 of the Virgin Islands Code. Pursuant to 12 V.I. Code Ann. § 99a, enforcement
officers of the Department of Planning and Natural Resources may enter upon any land
or waters of the Territory for the performance of their lawful duties, and may take
with them any necessary equipment. Such entry shall not constitute a trespass. It
shall be lawful for any boat, motor vehicle or aircraft owned or chartered by the
department to land and depart from any of the beaches or water of the Territory.
The Criminal Division of the Clerk’s Office is responsible for the proper disposition
of conservation offenses as established under Chapter 9A of Title12 of the Virgin Islands Code,
which establishes the regulations of Commercial Fishing. The Criminal Division also is responsible
for the preparation of the appropriate records and reports relating to these conservation tickets
in such a manner and at such times as directed by the Court. The Clerk of the Superior Court is
the repository for all conservation tickets issued to law enforcement officers and others.