What happens at a criminal arraignment in Falls Church
At a criminal arraignment in Falls Church, you are formally advised of the charges against you, informed of your rights, and asked to enter a plea—typically guilty, not guilty, or nolo contendere. The proceeding takes place before a judge at the Falls Church General District Court, located at 300 Park Avenue, Suite 151W, Falls Church, VA 22046. If the charge is a misdemeanor, the General District Court will set the case for trial. If the charge is a felony, the arraignment often serves as an initial appearance or preliminary hearing, and the matter will later move to the Falls Church Circuit Court for trial or further proceedings. The Commonwealth’s Attorney prosecutes the case. You have the right to be represented by counsel; if you cannot afford an attorney, the court will evaluate your eligibility for court-appointed representation. How you plead and the arguments made at this early stage can influence bail, scheduling, and the overall direction of your case. Mr. Sris and his Of Counsel team provide representation at arraignments in Falls Church and throughout Northern Virginia. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
A Class 1 misdemeanor in Virginia, such as simple assault and battery, carries a maximum penalty of up to 12 months in jail and a fine of up to $2,500.
Source: Va. Code § 18.2-57. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What to Expect at Your Arraignment in Falls Church
The arraignment is typically the first court appearance after an arrest or the issuance of a summons. In the Falls Church General District Court, the judge will read the criminal complaint or warrant aloud so that you understand exactly what you are charged with. The judge will then confirm that you understand your rights, including the right to remain silent, the right to hire an attorney of your choosing, and the right to have a court-appointed lawyer if you qualify financially. Mr. Sris and his Of Counsel often appear at arraignments to ensure clients are fully advised and to begin shaping the defense from the very first hearing. The court does not take live testimony or hear evidence at arraignment; the purpose is to formally start the case and set the procedural track.
After the rights advisement, the judge will ask how you plead. If you plead not guilty, the court will set a date for trial in that same court for a misdemeanor, or schedule a preliminary hearing for a felony. A guilty or nolo contendere plea at arraignment can lead to immediate sentencing or a later sentencing hearing, depending on the offense. The judge will also consider bail—whether to release you on personal recognizance, set a secured bond, or detain you. The magistrate’s initial bond determination from the time of arrest can be reviewed and modified by the judge at the arraignment. Because the decisions made at arraignment can have lasting effects, having an experienced criminal defense attorney present is important. Law Offices Of SRIS, P.C. serves clients at arraignments in the Falls Church General District Court and the Falls Church Circuit Court.
Frequently Asked Questions
What is the penalty for a misdemeanor in Falls Church, Virginia?
A Class 1 misdemeanor in Falls Church carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor carries up to 6 months in jail and a fine. Common misdemeanor charges heard at the Falls Church General District Court include assault and battery under Va. Code § 18.2-57, petit larceny under § 18.2-96, and driving on a suspended license under § 46.2-301. The court is located at 300 Park Avenue, Suite 151W. Every case is different, and prior record, the specific facts, and the prosecutor’s position can influence the outcome. To discuss the potential penalties you face, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can criminal charges be expunged in Falls Church, Virginia?
Virginia allows expungement for charges that resulted in an acquittal, dismissal, or nolle prosequi. Under Va. Code § 19.2-392.2, a person whose charge ended without a conviction may petition the Falls Church Circuit Court to expunge the police and court records related to that charge. Most convictions cannot be expunged. For certain first-offense marijuana possession cases, a deferred disposition may lead to dismissal and later expungement eligibility. The expungement process requires a separate petition and often a hearing. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does bail work in Falls Church, Virginia?
A magistrate initially sets bail after arrest, and the judge can review and modify it at the arraignment. For many first-offense misdemeanors, personal recognizance—release without payment—is common. For felonies, a secured bond is typical. The judge considers factors such as ties to the community, prior record, and the risk of flight. If a secured bond is set, a bail bondsman charges a non‑refundable premium. A defendant may also request court‑appointed counsel if unable to afford private representation. To discuss your options, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a criminal defense lawyer at my arraignment in Falls Church?
You are not legally required to have a lawyer at your arraignment, but having one is strongly advised. An attorney can argue for a lower bail, ensure you understand the charges and your rights, and begin building your defense immediately. Even a misdemeanor conviction can have consequences for employment, housing, and professional licenses. Mr. Sris and his Of Counsel appear at Fall Church arraignments prepared to protect your interests from the very first hearing. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What happens if I plead not guilty at my arraignment?
If you plead not guilty, the court will schedule your case for trial or, for a felony, a preliminary hearing. For a misdemeanor, the trial will be held in the Falls Church General District Court. For a felony, a preliminary hearing is held in that same court to determine whether probable cause exists, after which the matter moves to Circuit Court for trial. Your attorney will have an opportunity to review the prosecution’s evidence, file motions, and negotiate with the Commonwealth’s Attorney. For guidance on the next steps after a not-guilty plea, call (888) 437-7747.
Can the judge dismiss my case at the arraignment?
Dismissal at arraignment is unlikely, but a judge may dismiss charges if the complaint is legally insufficient or the prosecution is not ready. In practice, dismissals at the initial hearing are rare. Most cases proceed beyond the arraignment unless the prosecutor moves to nolle prosequi the charges. A defense attorney can evaluate whether the charging document is deficient or whether other immediate grounds for dismissal exist. For more information, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between the Falls Church General District Court and the Circuit Court?
The Falls Church General District Court handles misdemeanor trials and felony preliminary hearings; the Falls Church Circuit Court handles felony trials and appeals from the General District Court. The General District Court is located at 300 Park Avenue, Suite 151W. The Circuit Court hears jury trials for felonies and appeals of any General District Court conviction. Defendants have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Mr. Sris and his Of Counsel represent clients in both courts.
What should I do if I am arrested in Falls Church?
If arrested, remain silent and request an attorney immediately. Do not discuss the facts of your case with law enforcement or anyone else until you have spoken with a lawyer. Contact your family or a trusted person to notify them of your situation and to arrange for representation. The sooner you involve a criminal defense attorney, the sooner a strategy can be developed, including representation at the arraignment. For immediate assistance, call Law Offices Of SRIS, P.C. at (888) 437-7747.
Is Falls Church General District Court different from Fairfax County courts?
Yes. Falls Church is an independent city, so its General District Court and Circuit Court are separate from the Fairfax County courts, even though they share the Seventeenth Judicial District. Cases arising in Falls Church City are prosecuted by the Falls Church Commonwealth’s Attorney and heard in the Falls Church courthouse at 300 Park Avenue. Mr. Sris and his Of Counsel appear regularly in both Falls Church City and Fairfax County courts and understand the local procedures unique to each.
Can I change my plea after the arraignment?
Yes, you may change your plea later, but it requires court approval and may involve a hearing. The Commonwealth’s Attorney and the judge must agree to a change of plea. Often, a plea is changed as part of a negotiated agreement with the prosecution. An attorney can advise you on whether seeking to change your plea is advisable. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens if I miss my arraignment date in Falls Church?
If you miss your arraignment, the judge will likely issue a bench warrant for your arrest and your bond may be revoked. You should contact your attorney immediately. A motion can be filed to recall the warrant and reschedule the hearing, but acting quickly is essential. Mr. Sris and his Of Counsel can help address a missed court date and work to get your case back on track.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997. He is admitted 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). He is joined by a team of Of Counsel attorneys who support criminal defense clients throughout Northern Virginia. Together, 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 firm serves Falls Church clients from its Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032. Reach the firm at (888) 437-7747.
Resources: Falls Church General District Court | Virginia Criminal Procedure (Title 19.2)
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.