What happens at a criminal arraignment in Henrico County
An arraignment is the first court appearance after an arrest in Henrico County. At this hearing, the judge informs you of the charges and asks whether you plead guilty, not guilty, or no contest. The magistrate also decides whether you will be released on bond and under what conditions. In Henrico County, misdemeanor arraignments take place at the Henrico County General District Court at 4301 East Parham Road, and felony arraignments are heard in Henrico County Circuit Court. You have the right to have an attorney present, and the court will appoint a public defender if you cannot afford one. What happens at your arraignment sets the stage for the rest of your case. To discuss your situation, call Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleThe Arraignment Process in Henrico County
When you appear at the Henrico County General District Court for a misdemeanor arraignment, the process is straightforward. The judge reads the criminal complaint and makes sure you understand what you are charged with. You are not expected to present evidence or argue your case at this stage. The judge will ask for your plea. In Virginia, you may plead guilty, not guilty, or nolo contendere (no contest). If you plead not guilty, the court schedules a trial date. For felony charges, the initial appearance is in General District Court, but the case is then certified to Circuit Court for further proceedings, including a formal arraignment later in that court.
During the arraignment, the magistrate also addresses bail. In Henrico County, bond may be set as a personal recognizance bond (no payment required) for many first-offense misdemeanors. For more serious charges, a secured bond may be set, requiring a bail bondsman. Factors considered include the nature of the offense, your ties to the community, and any prior record. If you cannot afford the set bond, your attorney can request a bond review hearing. Having experienced counsel at this early stage can make a difference in securing a reasonable bond.
Frequently Asked Questions
What is an arraignment?
An arraignment is a formal court hearing where a defendant is informed of the criminal charges and asked to enter a plea. In Henrico County, the General District Court handles arraignments for misdemeanors, while felony arraignments eventually take place in Circuit Court. The judge reads the charges, advises you of your right to an attorney, and ensures you understand the allegations. This hearing is not a trial; witnesses are not called, and evidence is not presented. The main purpose is to establish the charges and set the next steps. If you have not already retained counsel, now is the time to request a lawyer or ask for a public defender.
Do I need a lawyer at my arraignment?
Yes, having a lawyer at your arraignment is critical because important decisions about bail and the charges are made. An attorney can argue for a lower bond, identify defects in the charging documents, and begin building your defense strategy immediately. Even if the hearing seems routine, what happens at arraignment can affect the entire case. If you cannot afford a private attorney, you may qualify for a court-appointed lawyer. However, the quality of representation at this early stage often influences the outcome, so obtaining private counsel from a firm experienced in Henrico County courts is often beneficial.
What happens if I miss my arraignment date?
Missing your arraignment can result in a bench warrant for your arrest and additional criminal charges. The court takes failure to appear seriously. If you have a valid reason for missing the date—such as a medical emergency or a mistake about the date—your attorney can file a motion to recall the warrant and reschedule the hearing. It is important to contact your lawyer immediately if you realize you may miss a court date. In Henrico County, the court may also revoke any bond that was previously set, and you could be held until the case is resolved.
Can I get bond at my arraignment?
Yes, bond is typically determined at arraignment, and in many Henrico County cases, a personal recognizance bond is granted for first-offense misdemeanors. For more serious charges, the magistrate may set a secured bond, requiring a payment or a bail bondsman. The magistrate weighs factors like the defendant’s ties to the community, employment, and prior criminal history. If bond is denied or set too high, your attorney can request a bond hearing to present additional information. Having an attorney who knows Henrico County’s procedures can help present the strong case for a reasonable bond.
What plea should I enter at arraignment?
In almost all cases, your attorney will advise you to plead not guilty at the arraignment. This preserves all your legal rights and gives your defense team time to investigate the charges, negotiate with the prosecutor, and prepare for trial. Pleading guilty at arraignment without fully understanding the consequences can have serious, lasting effects on your record, including immigration consequences for noncitizens. Even if you believe you are guilty, rushing to a plea is rarely in your interest. Your attorney may later negotiate a plea agreement that reduces the charges or secures a more favorable sentence.
Will the prosecutor be present at my arraignment?
A representative from the Commonwealth’s Attorney’s Office is present at Henrico County arraignments. The prosecutor has the charging documents and may make a recommendation on bond or inform the judge about any other pending cases. While there is usually no plea bargaining at the arraignment itself, the prosecutor’s presence means the state is already involved. If you have retained private counsel, your lawyer may begin preliminary discussions with the prosecutor about the case, even at this early stage. This can sometimes lead to a quick resolution if the evidence is weak.
What if I am charged with a felony in Henrico County?
For felony charges, the initial arraignment occurs in General District Court, but the case is eventually transferred to Circuit Court. At the General District Court hearing, the judge will read the charges and appoint counsel if needed. A preliminary hearing date is then set. After that hearing, if probable cause is found, the case goes to the grand jury and, if indicted, you will be formally arraigned again in Circuit Court. Throughout this process, having an experienced criminal defense lawyer who appears regularly in Henrico County courts is essential to protect your rights.
Will I be released before my arraignment?
If you are arrested and held in custody, you will likely appear at arraignment within a short time, often the next business day. Whether you are released before the hearing depends on whether a magistrate set bond at the time of booking. In many Henrico County misdemeanor cases, defendants are released on a summons with a future court date and never spend the night in jail. If you are detained, your arraignment will be the first opportunity to have bond set or reviewed. Your attorney can help ensure you are not unnecessarily held.
What information should I bring to my arraignment?
Bring identification, any paperwork you received from the police, and contact information for your attorney. If you have already retained counsel, make sure your lawyer knows the court date and time. Dress appropriately, as the judge will observe your demeanor. If you are seeking a personal recognizance bond, having proof of community ties—such as a lease, pay stubs, or character letters—can be helpful for your attorney’s argument at the bond review. The court does not accept evidence of the offense itself during arraignment.
How can I find a criminal defense lawyer in Henrico County?
Begin by contacting Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your arraignment and defense. The firm’s Richmond location serves Henrico County, and its attorneys are experienced in the local courts. Mr. Sris founded the firm in 1997, and his Of Counsel team provides multi-state representation. The firm supports clients in English, Spanish, and Tamil. Speaking with an attorney before your arraignment date can help you understand your options and prepare for the hearing. Consultations are available by appointment.
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 founded the firm in 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). Together with his Of Counsel, Mr. Sris brings experienced, multi-state representation to criminal defense in Henrico County. The firm’s Richmond location serves clients throughout the county. For a consultation about your arraignment or any criminal matter, call (888) 437-7747.
For defense representation in nearby counties, visit our
Chesterfield County criminal lawyer,
Hanover County criminal lawyer, and
Fairfax County criminal lawyer pages.
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