What happens at a criminal arraignment in Hanover County
An arraignment is the first court appearance after an arrest or the issuance of a criminal summons in Hanover County, Virginia. At this hearing, held before a judge at the Hanover County General District Court (7507 Library Drive, Suite 201, Hanover, VA 23069), the court formally informs you of the charges and advises you of your rights. The judge also addresses bail or bond conditions and schedules future proceedings. Understanding what to expect can reduce anxiety, and having an experienced criminal defense attorney with you helps protect your interests from the very first court date. To discuss your arraignment with a member of our team, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What happens during a criminal arraignment in Hanover County
The arraignment follows a structured process. First, the judge reads the charge aloud and verifies that you understand it. If you have not yet hired counsel, the court will ask whether you intend to retain an attorney or need a court-appointed lawyer. Next, the judge advises you of certain constitutional rights, including the right to remain silent and the right to a trial. In Hanover County, misdemeanor arraignments take place in the General District Court; felony arraignments are typically combined with an initial appearance or preliminary hearing in the same court.
One of the most important decisions at arraignment concerns your plea. In Virginia, the options are generally “not guilty,” “guilty,” or “nolo contendere.” Most defense attorneys enter a not-guilty plea at this stage to preserve all options while continuing to investigate and negotiate with the Commonwealth’s Attorney. The judge also considers bail or bond. For first-offense misdemeanors, personal recognizance may be granted, but for felonies, a secured bond is more common. The magistrate sets the initial bond shortly after arrest, but the judge at arraignment may revisit those conditions.
Do I need a lawyer at my arraignment?
Though you have the right to represent yourself, arraignment is a critical procedural event where mistakes can have lasting consequences. If you plead guilty without counsel, you waive important rights and may face a conviction that affects your record, employment, and even immigration status. An experienced criminal attorney can appear with you, argue for lower bail, and begin building a defense strategy immediately. The court may grant a continuance to allow you to retain counsel if you have not done so already. To speak with an attorney about your case, call Law Offices Of SRIS, P.C. at (888) 437-7747.
How does bail work at a Hanover County arraignment?
Bail determinations are grounded in the factors listed in Virginia law: the nature of the offense, your ties to the community, employment status, criminal history, and risk of flight. At the arraignment, your attorney can ask the judge to reduce the amount or change the conditions set by the magistrate. For example, a secured cash bond may be converted to a signature bond or release to pretrial supervision. While bond is appealable to the circuit court, the first opportunity to seek favorable terms is often at arraignment, making legal representation especially valuable at this stage.
Frequently asked questions about criminal arraignments in Hanover County
What happens if I miss my arraignment date?
Missing an arraignment usually results in a bench warrant for your arrest. The judge will typically issue a capias, and you could be taken into custody. Additionally, the court may forfeit any bond already posted. If you realize you have missed a court date, contact an attorney immediately. In some cases, counsel can bring your voluntary appearance before the court and potentially have the warrant recalled. However, waiting only makes the situation worse, so act quickly.
Can charges be dropped at arraignment?
It is possible but uncommon for charges to be dismissed at arraignment. Dismissals at this stage generally occur when the Commonwealth’s Attorney determines the evidence is legally insufficient or when a procedural defect exists. Your attorney can confer with the prosecutor before the hearing begins and advocate for a nolle prosequi if grounds exist. Otherwise, the arraignment typically ends with a trial date being set and discovery obligations commencing.
How long after arrest does arraignment happen?
An arraignment normally occurs within days to a few weeks of arrest, depending on custody status. If you are in custody, Virginia law requires a prompt initial appearance before a magistrate and then a first court date, often within 48 hours. For those released on summons, the arraignment is scheduled at the next available docket. The Hanover County General District Court conducts arraignments on regular criminal docket days; your attorney can confirm the date and time with the clerk’s office.
What should I bring to my arraignment?
Bring any paperwork you received at the time of arrest or booking, a government-issued ID, and your attorney’s contact information. Also bring documentation that may be relevant to bail: proof of employment, a lease or mortgage statement, and character letters. Dress conservatively and arrive early. While your attorney will handle legal argument, presenting yourself as a responsible individual can positively influence the judge’s perception, particularly for bond determination.
What is the difference between an arraignment and a preliminary hearing?
An arraignment advises you of charges and takes a plea; a preliminary hearing reviews whether probable cause exists to send the case to the grand jury. Misdemeanor cases go directly to trial after arraignment in the General District Court. For felonies, the preliminary hearing follows some weeks later and, if probable cause is found, the case is certified to the Hanover County Circuit Court for presentment to a grand jury. Your attorney can waive the preliminary hearing in some circumstances after negotiating with the Commonwealth’s Attorney.
Will I go to jail at the arraignment?
You are unlikely to be taken into custody at arraignment if you appear voluntarily and are not already incarcerated. However, if you were arrested and held, you may appear from jail. The judge at arraignment can modify bond, potentially releasing you or, if conditions are violated, revoking bond. Being represented by counsel increases the chance of securing release on fair terms.
How do I get a court-appointed attorney for my arraignment?
Request a court-appointed attorney at your first appearance if you cannot afford counsel. The court will ask about your financial situation. In Hanover County, the judge reviews a financial statement before appointing an attorney. The appointed attorney may be the public defender or a private attorney on the court-appointed list. Keep in mind that court-appointed counsel are assigned shortly before or at arraignment, so retaining your own lawyer in advance often allows more preparation time.
What happens after arraignment?
After arraignment, the court sets a trial date or preliminary hearing date and begins the discovery process. The Commonwealth’s Attorney must provide your attorney with police reports, witness statements, and any forensic evidence. Your attorney then evaluates the case, files motions, and may negotiate a plea agreement or prepare for trial. Timelines vary, but misdemeanors are typically resolved more quickly than felonies, which proceed through the Circuit Court.
About Law Offices Of SRIS, P.C. and the Criminal Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, Owner and Founder. Mr. Sris is a former prosecutor who now concentrates his practice in criminal defense, appearing in courts throughout Virginia, including the Hanover County General District Court. 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). Alongside his Of Counsel, he brings over 120 years of combined legal experience, with over 4,739 documented firm-wide results. Results may vary.
Our Richmond location serves clients at the Hanover County courts. For a consultation about your arraignment, call (888) 437-7747. Meetings are by appointment only.
Related practice areas and resources
Henrico County Criminal Defense ·
Chesterfield County Criminal Defense ·
Hanover County Criminal Defense
Additional information from official sources:
Hanover County General District Court ·
Virginia Code Title 18.2 (Crimes and Offenses)
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.