What happens at a criminal arraignment in Virginia Beach

Q: Can I get bail at my arraignment in Virginia Beach?

Yes, bail can be addressed at arraignment. The magistrate initially sets bond after arrest, but the judge at arraignment may review and modify the bond amount or conditions. For many first-offense misdemeanors in Virginia Beach, release on personal recognizance—meaning no payment required—is common. For more serious charges, the court may set a secured bond, where a bail bondsman typically charges a non-refundable fee of approximately 10% of the bond amount. Your attorney can argue for a lower bond or for your release on personal recognizance based on your ties to the community, employment, and lack of prior failures to appear. Bond appeals from the General District Court are heard by the Circuit Court.

An arraignment is the first formal court appearance after an arrest or indictment in Virginia Beach, Virginia. During this proceeding, the judge or magistrate advises you of the charges against you, informs you of your right to an attorney, and asks you to enter a plea—guilty, not guilty, or, in some cases, nolo contendere. In Virginia Beach, misdemeanor arraignments are held at the Virginia Beach General District Court, located at 2425 Nimmo Parkway, Building 10B, while felony arraignments take place in the Virginia Beach Circuit Court after a grand jury returns an indictment. The court may also address bail at this stage, either setting, modifying, or continuing bond. Having an experienced attorney present at the arraignment is important because the plea you enter and the arguments made about bail can affect the entire course of your case. To discuss your situation and what to expect at your Virginia Beach arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What to Expect at a Virginia Beach Arraignment

The arraignment process in Virginia Beach follows a structured format. When your case is called, the judge or magistrate will read the formal charges against you—typically a specific Virginia Code section offense, such as assault and battery under Va. Code § 18.2-57 or petit larceny under § 18.2-96. You will be asked whether you understand the charges and whether you have, or need, legal counsel. If you cannot afford an attorney, the court will determine your eligibility for a court-appointed lawyer. You will then enter a plea. A not guilty plea preserves all defenses and leads to the scheduling of a trial date. In some circumstances, your attorney may already have negotiated with the prosecutor to amend or dismiss certain charges, and a guilty plea to a reduced charge may be entered at arraignment. The judge will also address bail: for many first-offense misdemeanors, the magistrate may have already released you on personal recognizance, but the attorney can request a bail review if you remain in custody. Because what happens at arraignment can limit or expand your options later, having a defense lawyer who understands Virginia Beach court procedures helps you make informed decisions from the very start.

Felony arraignments differ in that the initial appearance typically occurs in the General District Court for a bond hearing and appointment of counsel, while the formal arraignment on the indictment happens later in the Circuit Court after a preliminary hearing or grand jury indictment. The firm’s attorneys appear at both courts on behalf of clients throughout Virginia Beach, including those in Sandbridge and Oceana communities.

Frequently Asked Questions

Do I need to attend my arraignment in Virginia Beach?

Yes, you must attend your arraignment unless your attorney has obtained permission from the court to waive your appearance. For misdemeanors, your attorney can often enter a not-guilty plea on your behalf in writing, and your presence may be excused. For felony cases, you typically must appear. Failing to appear when required can result in a bench warrant for your arrest and additional charges. If you are uncertain whether you must be present, speak with your attorney before the court date. The Virginia Beach General District Court operates Monday through Friday from 8:00 AM to 4:00 PM, and your attorney can confirm the specific expectations for your appearance.

What plea should I enter at my arraignment?

You should generally enter a plea of not guilty at arraignment unless your attorney has negotiated a resolution that you have agreed to. A not-guilty plea preserves your right to contest the charges, review the evidence, and explore possible defenses. Entering a guilty plea at arraignment without the advice of counsel can result in waiving important constitutional rights and may lead to immediate sentencing. If you have an attorney, they can advise you on whether a different plea is appropriate in your specific case.

Can I get bail at my arraignment in Virginia Beach?

Yes, bail can be addressed at arraignment. The magistrate initially sets bond after arrest, but the judge at arraignment may review and modify the bond amount or conditions. For many first-offense misdemeanors in Virginia Beach, release on personal recognizance—meaning no payment required—is common. For more serious charges, the court may set a secured bond, where a bail bondsman typically charges a non-refundable fee of approximately 10% of the bond amount. Your attorney can argue for a lower bond or for your release on personal recognizance based on your ties to the community, employment, and lack of prior failures to appear. Bond appeals from the General District Court are heard by the Circuit Court.

What happens if I miss my arraignment?

If you miss your arraignment without a valid excuse, the court will likely issue a capias or bench warrant for your arrest. This means law enforcement can take you into custody, and you may face additional charges for failure to appear. If you realize you will miss your court date, contact your attorney immediately. Your attorney may be able to explain the situation to the court and have the warrant recalled or a new date set.

Is an arraignment the same as a trial?

No, an arraignment is not a trial; it is the initial court appearance where charges are formally presented and a plea is entered. No evidence is presented, no witnesses testify, and the court does not determine guilt. The purpose is to advise you of the charges, ensure you have legal representation, set bail conditions, and schedule future proceedings. In misdemeanor cases, the trial will be scheduled a few weeks later in the General District Court. In felony cases, the arraignment in Circuit Court sets the stage for pretrial motions and the trial date.

Can my attorney appear at the arraignment without me?

In many misdemeanor cases in Virginia Beach, your attorney can appear on your behalf and waive your presence for arraignment. This is often accomplished by filing a written waiver of arraignment and entering a not-guilty plea on your behalf. The court then sets a trial date, and you do not need to be present until the trial unless otherwise ordered. For felony charges, you are usually required to appear in person. Your attorney can advise you on whether a waiver is possible in your specific matter.

What should I bring to my arraignment?

You should bring a valid photo ID, any paperwork you received at arrest, and contact information for your attorney. If you have already retained an attorney, confirm the hearing time and location with them beforehand. Dress conservatively and arrive early to allow time for parking and security screening at the Virginia Beach courthouse. Do not bring weapons, and avoid using your phone in the courtroom. If you need to post bail, having cash or a bail bondsman arranged in advance can help expedite release.

How long does the arraignment process take?

The arraignment itself typically lasts only a few minutes, but you may need to wait in the courtroom for an hour or more while the judge handles a full docket of cases. Many defendants are scheduled for the same session, and cases are called in turn. Arriving early and checking in with the clerk can help ensure your matter proceeds smoothly. The timeline for the overall case, from arraignment to trial, depends on the court’s calendar and the complexity of the charges.

Can I get a court-appointed attorney at my arraignment?

Yes, if you cannot afford an attorney, you may request a court-appointed lawyer at or before your arraignment. The judge will ask about your financial situation and may require you to complete an affidavit of indigency. If you qualify, an attorney will be assigned to represent you. Even if you believe you might retain private counsel, it is advisable to request appointed counsel at arraignment to protect your rights until you secure representation.

Do I need a lawyer for an arraignment in Virginia Beach?

While you are not legally required to have a lawyer at arraignment, it is strongly in your interest to be represented. The decisions made at this stage—your plea, bail conditions, and case scheduling—can have lasting consequences. An attorney experienced with the Virginia Beach courts can advise you on how to plead, argue for favorable bail terms, and begin building your defense. To discuss your case before your court date, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris understands how the prosecution builds a case and uses that insight to develop thorough defense strategies. The firm’s Of Counsel attorneys bring extensive combined legal experience and include professionals with backgrounds in law enforcement and prosecution. Mr. Sris and the firm’s Of Counsel attorneys represent individuals at all stages of criminal proceedings in Virginia Beach, including arraignments, bail hearings, preliminary hearings, and trials. Results may vary. To request a consultation, contact the firm at (888) 437-7747.

Official resources: Virginia Code Title 18.2 (Crimes and Offenses) | Virginia Beach General District Court | Virginia Judicial System

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