What happens at a criminal arraignment in Fairfax County
The night started at a Fairfax bar, but now you’re sitting in a holding cell, waiting. The charge is disorderly conduct, a Class 1 misdemeanor under Virginia law. In the morning, you’ll be brought before a magistrate for bond, and soon after, you’ll face your first court appearance — the arraignment. Whether you’re charged with a minor public-order offense or a serious felony, the arraignment is where the court process officially begins, and what happens there can shape the rest of your case. Law Offices Of SRIS, P.C. Appears regularly in Fairfax County courts and helps clients navigate this critical first step. Reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Strategy options at your Fairfax County arraignment
At the arraignment, the judge or magistrate will read the charges against you, inform you of your right to an attorney, and ask how you plead. This is your first real opportunity to start building a defense. For most misdemeanor charges, including disorderly conduct, the typical plea at arraignment is not guilty. Pleading not guilty preserves all of your rights, including the right to challenge evidence and negotiate with the prosecutor. If you cannot afford a lawyer, you can request a court-appointed attorney; the court will determine eligibility based on your financial situation. If you have already retained counsel, your attorney may appear with you and enter the plea on your behalf. For felony charges, the arraignment takes place in Fairfax County General District Court as part of the preliminary hearing process, and the case will later move to Circuit Court.
What to expect at the Fairfax County General District Court
The Fairfax County General District Court, located at 4110 Chain Bridge Road, handles all misdemeanor arraignments and felony preliminary hearings. On the day of your hearing, arrive early and dress respectfully. Court sessions typically start in the morning, and cases are called in batches. When your name is reached, you’ll stand before the judge, the clerk will read the charge, and the judge will ask how you plea. The Commonwealth’s Attorney (the prosecutor) will be present, but this is not a trial and no evidence is presented. The judge may also address bond conditions or modify them if your attorney requests changes. If you plead not guilty, a trial date is set. This entire process usually lasts only a few minutes, but its impact is significant. Having an experienced attorney at your side can help you understand the options, avoid missteps, and set the stage for a favorable resolution.
Penalty overview for Fairfax County charges
The consequences of a conviction depend on the charge. A Class 1 misdemeanor — which includes disorderly conduct, assault and battery, and petit larceny — carries up to 12 months in jail and a fine of up to $2,500. A Class 2 misdemeanor faces up to 6 months and a $1,000 fine. Felony charges are much more serious: a Class 6 felony (such as certain repeat offenses) carries 1 to 5 years in prison, while a Class 5 felony can result in 1 to 10 years. When a felony is charged, the arraignment occurs in the General District Court only as a preliminary appearance; the case will proceed to Fairfax County Circuit Court for trial. For many first-offense misdemeanors, Virginia law allows deferred disposition or first-offender programs that can lead to dismissal after probation and program completion. The timeline, availability, and eligibility for these programs vary by case.
Experienced representation at your Fairfax County arraignment
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing in Virginia since 1997. Along with his Of Counsel team, he concentrates on criminal defense in Fairfax County and across Virginia. Mr. Sris and his Of Counsel appear regularly at the Fairfax County General District Court and Circuit Court. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, paired with 4,739+ documented firm-wide results, inform each representation. Results may vary.
Frequently asked questions
What exactly happens at an arraignment in Fairfax County?
The judge reads the charge, advises you of your right to an attorney, and asks for your plea. Your arraignment at Fairfax County General District Court is the first formal hearing. You’ll stand before the judge, the clerk reads the charge aloud, and you enter a plea — typically not guilty. If you cannot afford a lawyer, you can request a court-appointed attorney. The judge may also address bond or schedule the next court date. No evidence is presented at this stage. Having an attorney with you can help you navigate the process and avoid saying anything that could be used against you later.
Do I need a lawyer for my arraignment?
While you are not legally required to have a lawyer, having one provides critical protection. An attorney can enter your plea, argue for bond modification, and begin discussing your case with the prosecutor immediately. Without counsel, you risk waiving rights or making statements that could harm your defense. Because the arraignment sets the trajectory of your case, even a simple misdemeanor charge warrants experienced guidance. For felony charges, representation is even more essential; your attorney will handle the preliminary hearing that follows and begin preparing your defense for Circuit Court.
Can the charges be dropped at the arraignment?
Dismissal at arraignment is rare, but sometimes the prosecutor may decide not to proceed. If the Commonwealth’s Attorney determines insufficient evidence or a procedural flaw, they may nolle prosequi (decline prosecution) at or shortly after arraignment. However, most cases proceed to a trial date or preliminary hearing. Your attorney can evaluate the charging documents and evidence early and, if appropriate, advocate for dismissal or a reduction. Early engagement improves the chances of a favorable outcome.
What if I can’t afford a private attorney?
If you cannot afford counsel, the court will appoint a public defender or a court-appointed attorney after you complete a financial eligibility form. At arraignment, you’ll state that you wish to have an attorney and that you need a court-appointed lawyer. The judge will review your financial situation. Public defenders in Fairfax County are experienced, but their caseloads can be heavy. You also have the right to hire your own lawyer at any time, and doing so early allows more thorough preparation.
What happens after arraignment for a misdemeanor charge?
After a not-guilty plea, the court sets a trial date, usually within several weeks. Your attorney will begin discovery — reviewing police reports, witness statements, and any physical evidence. For a disorderly conduct or other Class 1 misdemeanor, your lawyer may also negotiate with the prosecutor for a reduced charge, diversion, or dismissal. If no plea agreement is reached, the case proceeds to trial in the General District Court. If convicted, you may have the right to appeal for a new trial in Circuit Court.
For a full statutory breakdown of Virginia criminal procedure, see our comprehensive analysis.
Official Virginia primary sources: Fairfax County General District Court · Virginia Code Title 19.2 (Criminal Procedure)
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