What happens at a criminal arraignment in Fairfax County
If you or a family member has been arrested in Fairfax County, the first court appearance—the arraignment—can feel overwhelming. An arraignment is the proceeding where a judge formally reads the charges against you, advises you of your rights, and addresses pretrial custody or bond. Having an experienced criminal defense lawyer present at this stage helps protect your rights and can influence the conditions under which you await trial. Law Offices Of SRIS, P.C. Concentrates its practice on criminal defense in Virginia and serves clients throughout Fairfax and surrounding communities. Reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process in Fairfax County
In Fairfax County, misdemeanor arraignments and felony preliminary hearings are conducted at the Fairfax County General District Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. The court serves the Nineteenth Judicial District, which includes Fairfax County and the City of Fairfax. The General District Court handles all initial appearances for adults charged with crimes; a separate Juvenile and Domestic Relations District Court addresses matters involving juveniles or family members.
At the arraignment, the judge will confirm your identity, inform you of the charges pending, and explain your right to retain counsel. If you cannot afford an attorney, the court will determine eligibility for court-appointed counsel. The judge will also set bond or release conditions, deciding whether you will be held pending trial or released on personal recognizance or secured bond. For felony cases, the General District Court conducts a preliminary hearing to determine whether probable cause exists to certify the case to the Fairfax County Circuit Court for trial. A misdemeanor trial date is typically set within four to eight weeks from arraignment. All proceedings are governed by Title 18.2 of the Virginia Code, and the Commonwealth’s Attorney’s Office prosecutes the case.
What to Expect at Your Arraignment
The judge begins by reading the charges aloud and asking whether you understand them. You will be advised of your right to remain silent: anything you say can be used against you. If you have not already hired a lawyer, the court will ask whether you intend to retain one or need a court-appointed attorney.
Next, the judge addresses bond. The magistrate who first saw you after arrest may have already set an initial bond, but the arraignment judge can modify it. Personal recognizance—release without payment—is common for first-offense misdemeanors. For more serious charges, especially felonies, a secured bond may be required. A secured bond permits release after payment of a sum; a bail bondsman typically charges a nonrefundable premium of approximately ten percent. If you are denied bond, your attorney can request a bond review hearing.
When you enter a plea, you may plead not guilty, guilty, or, under certain circumstances, nolo contendere. If you plead not guilty, the court schedules a trial date. For a felony, the judge will set a date for a preliminary hearing in the General District Court. If probable cause is found, the case is certified to the Circuit Court, where a grand jury review and trial date will follow. Throughout this process, an attorney can negotiate with the prosecutor, seek to reduce or amend charges, and explore first-offender or diversion programs where available.
The Importance of Legal Representation at Arraignment
Although an arraignment is a brief event, the decisions made there can shape the rest of your case. An experienced defense attorney can argue for a lower bond or release on personal recognizance, which may allow you to return to work and family while your case proceeds. The attorney can also evaluate the strength of the charges and begin discussions with the Commonwealth’s Attorney the same day. Mistakes at arraignment—such as speaking without counsel or missing an opportunity to request discovery—can be difficult to undo later. Law Offices Of SRIS, P.C. brings decades of courtroom experience to Fairfax County arraignments and all subsequent proceedings.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C., founded in 1997 by Mr. Sris, Owner and Founder, represents individuals facing criminal charges in Fairfax County and throughout Virginia. Mr. Sris is a former prosecutor whose background includes trial experience that informs his approach to defense strategy. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The Of Counsel team includes attorneys with extensive criminal law knowledge, including a former Maryland Assistant State’s Attorney and a former Virginia State Trooper, each contributing valuable insight into prosecution methods and police procedures. Every attorney works collaboratively to pursue favorable outcomes for clients at the Fairfax County General District Court and Circuit Court.
Frequently Asked Questions
Do I need a lawyer at my arraignment?
Yes, having a criminal defense lawyer at your arraignment protects your rights and can significantly affect the outcome of your bond hearing. An attorney can argue for release on personal recognizance, challenge the criminal complaint, and begin negotiations with the prosecutor immediately. Without counsel, you may inadvertently make statements that harm your defense. If you cannot afford a lawyer, the Fairfax County General District Court will determine your eligibility for a court-appointed attorney at the arraignment.
What is the bond process in Fairfax County?
At arraignment, the judge sets bond conditions, which may include personal recognizance for minor offenses or secured bond for felonies. A secured bond requires posting cash or property; a bail bondsman typically charges a nonrefundable fee of approximately ten percent of the bond amount. The court considers factors such as the nature of the charges, your ties to the community, employment, and prior criminal history. If bond is denied, your attorney can request a bond review hearing before the next court session.
Can charges be dropped at arraignment?
It is uncommon for charges to be dismissed at the arraignment stage, but the prosecutor may reduce or amend them after reviewing the case. The arraignment itself is primarily a proceeding to advise you of the charges and set conditions of release. However, if your attorney identifies a substantive defect in the complaint or an evidentiary problem, the prosecutor may move to dismiss or nolle prosequi certain charges later. Early engagement by defense counsel increases the chances of a favorable resolution.
What happens after the arraignment?
After arraignment, a trial date is set for misdemeanors, or a preliminary hearing date is set for felonies. For a misdemeanor, the General District Court schedules the trial, usually within four to eight weeks. For a felony, the court holds a preliminary hearing to determine whether probable cause exists; if it does, the case is certified to the Fairfax County Circuit Court. The Circuit Court will then schedule a grand jury review and a trial date. Throughout this period, your attorney will review discovery, file motions, and negotiate with the Commonwealth’s Attorney.
Can I plead not guilty at the arraignment?
Yes, you may plead not guilty at your arraignment, and the court will then schedule a trial date. A not-guilty plea preserves your right to challenge the evidence and requires the Commonwealth to prove its case beyond a reasonable doubt. You may also plead guilty or, in certain limited circumstances, nolo contendere. Your attorney will discuss the consequences of each plea with you before you enter it. After a not-guilty plea, discovery and motion practice begin, and your attorney can explore diversion or first-offender options.
What if I miss my arraignment?
Missing your scheduled arraignment can result in a bench warrant for your arrest and the forfeiture of any bond posted. The court will issue a capias (arrest warrant) and may increase the bond amount. If you have missed your court date, contact an attorney immediately and, if safe, turn yourself in to the Fairfax County Sheriff’s Office. An attorney can help you address the failure to appear and seek to have the warrant lifted.
Outbound primary-source authority links:
Virginia Code Title 18.2 — Crimes and Offenses |
Fairfax County General District Court |
Fairfax County Circuit Court
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