What happens at a criminal arraignment in Fairfax
An arraignment is your first formal step in the criminal court process—the hearing where a judge tells you exactly what charges have been filed, advises you of your rights, and considers whether you should be released on bail or held pending trial. In Fairfax, an arraignment typically happens within days of an arrest for a misdemeanor, and later in the process for a felony after a grand jury has returned an indictment. At the hearing, the court will explain the potential penalties you face, ask you to enter a plea, and decide whether you qualify for a court-appointed lawyer if you cannot afford one. That is a lot of information to absorb in a few minutes. Mr. Sris and his Of Counsel regularly appear at arraignments in both the Fairfax County General District Court and the Fairfax City General District Court—and, for felonies, at the Fairfax County Circuit Court. If you or a family member has an arraignment coming up, you are not expected to navigate it alone. To discuss your situation before that day, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process in Fairfax County
For misdemeanor charges—such as petit larceny, simple assault, disorderly conduct, or first-offense DUI—the arraignment takes place in the General District Court of the jurisdiction where the alleged offense occurred. In Fairfax County, that is the Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. If your case arises in the independent City of Fairfax, it will go to the Fairfax City General District Court at 10455 Armstrong Street, Room 101, Fairfax, VA 22030. Both courts follow the same general procedure: the judge calls the case, the defendant comes forward, the judge reads the official charge, and the defendant is advised of the right to counsel and the right to remain silent. A plea of not guilty, guilty, or no contest may be entered at that time, though most defense counsel recommend a not-guilty plea at this early stage to preserve all options while the evidence is reviewed.
For felonies, such as grand larceny, burglary, malicious wounding, or robbery, the procedural rhythm is different. After an arrest, the first appearance is often a bail hearing, not a full arraignment. The actual arraignment occurs later, in the Fairfax County Circuit Court, after the matter has been certified by a grand jury. At that arraignment, the circuit judge formally reads the indictment, addresses bail status, confirms whether the defendant has private counsel or needs a court-appointed lawyer, and sets the case on the trial docket. A defendant who is held in jail has a statutory right to a speedy trial: generally five months from the date of arrest for a misdemeanor and nine months for a felony if the accused remains incarcerated. Because the timeline from arrest to arraignment varies with the seriousness of the charge, it is wise to have an experienced criminal defense attorney involved well before you step into the courtroom.
Frequently Asked Questions
What exactly is an arraignment in Virginia?
An arraignment is the first formal court hearing where a person charged with a crime is informed of the charges and must enter a plea. In Virginia, it is a procedural safeguard that ensures the accused knows what they are facing and that their constitutional rights are protected. For misdemeanors in Fairfax, the arraignment happens in the General District Court; for felonies, it occurs in the Circuit Court after a grand jury indictment. The judge reads the charge, explains the maximum possible penalties, and determines whether the defendant can afford private counsel. If not, the court will appoint a public defender or court-appointed attorney.
What happens at the arraignment in Fairfax County General District Court?
At a Fairfax County General District Court arraignment, the judge advises the defendant of the charge, ensures the defendant understands the right to an attorney, and sets conditions of release. The defendant may enter a plea of guilty, not guilty, or no contest, though a not-guilty plea is standard if the defendant wishes to review the evidence. For first-offense misdemeanors, the judge often releases the defendant on personal recognizance—meaning no cash bond is required. For more serious offenses, the judge may set a secured bond, which can be posted through a bail bondsman. The court then schedules a trial date or, for felonies, a preliminary hearing.
Do I need a lawyer present at my arraignment?
You have a constitutional right to be represented by counsel at your arraignment, and having a lawyer present is strongly in your interest. An experienced defense attorney can argue for lower bail, help you decide what plea to enter, and begin laying the groundwork for your defense. Without a lawyer, you risk making statements that could later be used against you. If you cannot afford an attorney, the court will determine your eligibility for a public defender or court-appointed counsel. Mr. Sris and his Of Counsel can appear at your arraignment and advise you before you walk into the courtroom.
Will I be released on bail at the arraignment?
Bail decisions are made at the arraignment based on the charge, your criminal history, ties to the community, and risk of flight. In Fairfax County, many first-time misdemeanor defendants are released on their own recognizance without having to pay any money. For felonies, a secured bond is more likely, and the judge may require a cash deposit or the services of a bail bondsman. If the judge denies bail or sets an amount you cannot afford, your attorney can request a bond review hearing. The magistrate who initially sets bail may also take into account the seriousness of the alleged offense and whether you pose a danger to others.
What happens if I miss my arraignment in Fairfax?
If you fail to appear for your arraignment, the judge will typically issue a capias—a warrant for your arrest—and you could face an additional charge of failure to appear. That new charge carries its own penalties, including jail time and fines. It is critical to attend every scheduled court date. If an emergency prevents you from appearing, contact your attorney immediately so they can inform the court and try to have the warrant recalled. Driving or transportation issues are generally not sufficient grounds to excuse a missed appearance. The trusted course is to make every effort to arrive on time and with legal representation.
Can I plead guilty at the arraignment?
You may plead guilty at the arraignment, but doing so without first consulting a lawyer can have serious long-term consequences. A guilty plea at this early stage waives your right to challenge the evidence, to cross-examine witnesses, and to put the prosecution to its proof. For some less serious misdemeanors, a guilty plea might lead to immediate sentencing and a quicker resolution, but for many charges—especially those carrying jail time—it is advisable to enter a not-guilty plea so that your attorney can negotiate with the prosecutor and evaluate the strength of the state’s case. An attorney can advise whether an early plea deal is available and whether it serves your best interests.
What if I cannot afford an attorney?
If you cannot afford to hire a lawyer, you can ask the court to appoint counsel for you at the arraignment. You will be required to complete a financial statement under oath. If the judge determines you are indigent, the court will appoint the Fairfax County Public Defender or, if a conflict exists, a private court-appointed attorney. Court-appointed lawyers are experienced in criminal defense, though their caseloads can be large. Some defendants prefer to hire private counsel to ensure more individual case review. Regardless of which path you choose, you should not go through the arraignment without legal guidance.
What happens after the arraignment?
After the arraignment for a misdemeanor, the case is typically set for a trial date several weeks out. For a felony, the matter proceeds to a preliminary hearing in the General District Court (if not yet indicted) or directly to pretrial motions and a trial date in the Circuit Court if the grand jury has already returned an indictment. The period between arraignment and trial is when your attorney will gather discovery, review police reports and evidence, speak with witnesses, and negotiate with the prosecutor. Many cases are resolved through plea agreements or dismissals during this phase, without ever going to trial.
How is a felony arraignment different from a misdemeanor arraignment in Fairfax?
The main difference is that a felony arraignment occurs in the Fairfax County Circuit Court after a grand jury has returned an indictment, while a misdemeanor arraignment takes place in the General District Court, often at the first appearance. At the felony arraignment in the Circuit Court, the judge reads the formal indictment, which lists the statutory charges, and confirms that the defendant has been advised of the right to counsel. The court will also address bail status and set a trial schedule. Because felonies carry significantly harsher penalties—for example, a Class 5 felony carries one to ten years in prison—having experienced counsel at this stage is particularly important.
Is an arraignment the same as a trial?
No, an arraignment is not a trial; it is a preliminary hearing focused on informing the defendant of the charges, setting bail, and entering a plea. No witnesses testify, no evidence is presented, and no guilt determination is made. The trial comes later, after your attorney has had time to prepare. The arraignment sets the stage for everything that follows, and a misstep—such as saying something incriminating or failing to request a lower bond—can affect the remainder of your case. It is wise to have a lawyer at your side even at this early stage.
Can charges be changed or dropped at the arraignment?
Charges are rarely dropped at the arraignment itself, but the prosecutor may amend or reduce them at or shortly after this hearing based on the initial review of the case. For instance, the prosecutor might decide to reduce a felony to a misdemeanor if the evidence does not support the higher charge. Any changes must be approved by the judge. Having an attorney who can speak with the prosecutor before the arraignment can sometimes lead to a more favorable charging decision—another reason to involve counsel early. The arraignment is also the point at which the defense can raise issues such as insufficient evidence or improper charging.
How can a criminal defense lawyer help me at my arraignment?
A criminal defense lawyer can protect your rights at the arraignment by arguing for release on favorable terms, advising you on what plea to enter, and beginning to challenge the prosecution’s case from day one. Your attorney can highlight your community ties, employment, and lack of prior record to seek a lower bail or release on personal recognizance. They can also ensure you do not make any statements that could be used against you later. Early involvement allows the lawyer to start investigating the facts, preserving evidence, and negotiating with the prosecutor, all of which can lead to a better outcome. To schedule a consultation before your arraignment, call (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been representing individuals accused of crimes since 1997. A former prosecutor, he understand how the government builds its cases and uses that insight to prepare a thorough defense. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Along with his Of Counsel team, he brings over 120 years of combined legal experience with 4,739+ documented firm-wide results. Results may vary. The firm is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and its Fairfax location at 4008 Williamsburg Court serves clients throughout Fairfax County, Fairfax City, Burke, Centreville, Chantilly, Herndon, Reston, and surrounding communities. Reach our Fairfax location at (703) 636-5417 or toll-free (888) 437-7747 to request a consultation.
Additional resources: Criminal defense lawyer Fairfax County | Fairfax County criminal defense attorney | Prince William County criminal lawyer | Falls Church criminal defense | Manassas criminal attorney
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