Walking into the Oliver Hill Justice Center in handcuffs, or even just with a summons in hand, spikes your adrenaline. You have questions, are worried about jail time, and want to know if you are going home to your family tonight.

The arraignment is the first formal step in the Virginia criminal justice process. It is not a trial. It is not the time to argue the facts of the case or explain your side of the story to the judge. It is a procedural hearing, but it sets the trajectory for everything that follows.

Our experienced criminal defense lawyer believes the arraignment is often where the defense strategy begins. We do not wait for the prosecution to dictate the terms of your case. We intervene early to protect your rights and fight for your freedom.

The Purpose of an Arraignment Under Virginia Law

According to Va. Code § 19.2-254, an arraignment consists of reading the charges against you and calling on you to enter a plea. This hearing ensures you are officially aware of the specific crimes the Commonwealth alleges you committed.

When you stand before the judge in a Roanoke courtroom, three specific things must happen:

  • Identification: The court confirms you are the person named in the warrant or summons
  • Reading of Charges: The judge or prosecutor states the specific statutes you allegedly violated
  • Advisement of Rights: The judge informs you of your right to counsel and your right against self-incrimination

The arraignment process moves fast. In crowded dockets like those in Roanoke City General District Court, arraignments often last only a few minutes. Without a private attorney present, you might feel processed rather than heard.

The Right to Counsel

Virginia law takes your right to an attorney seriously. If you are facing a charge that could result in jail time, the court must ensure you have legal representation.

During the arraignment, the judge will ask if you intend to hire your own lawyer. This portion of the arraignment is a critical moment. If you tell the judge you plan to retain private counsel, the court typically grants a continuance (a delay) to give you time to find the right firm.

Choosing your own defense team gives you control. It allows you to select a firm that matches the aggression and dedication your case requires. If you cannot afford a lawyer, the court will assess your finances to see if you qualify for a court-appointed attorney, but you do not get to choose who represents you in that scenario.

The Battle for Bond: Will You Go Home?

For many of our clients, the most immediate concern is bond (bail). A magistrate usually sets an initial bond immediately after arrest, but the arraignment is not when you get the opportunity to challenge being held without bond before a judge, rather your attorney must schedule a bond hearing.  If you retain an attorney prior to turning yourself in on the warrant, the attorney can set up a bond hearing much quicker than if you wait until after the arraignment to hire an attorney.  

Virginia law presumes that you should be released, with certain exceptions. A judicial officer must admit you to bail unless there is probable cause to believe:

  • You will not appear for trial and should be considered a flight risk
  • Your liberty constitutes an unreasonable danger to yourself or the public

Our lawyer uses this statute to fight for our clients’ release. Our legal team can present evidence of your ties to the Roanoke community, such as your job, family, and residence, to dismantle the argument that you are a flight risk.

If the magistrate initially denied bond or set it at an unaffordable amount, our law firm can immediately file motions to revisit that decision. We do not accept your detention as a foregone conclusion.

Entering a Plea: Misdemeanors vs. Felonies

The procedure shifts depending on the severity of your charges.

Misdemeanor Cases

In misdemeanor cases, such as reckless driving or simple assault, you may be asked to enter a plea during the arraignment.

  • Guilty: You admit the charge and accept the sentence
  • Not Guilty: You deny the charge and demand that the Commonwealth prove its case
  • Nolo Contendere (No Contest): You do not admit guilt but accept the court’s punishment

We almost exclusively advise clients to plead not guilty at this stage. Pleading not guilty preserves your rights, forces the prosecutor to provide evidence, and gives us time to negotiate or prepare for trial.

Felony Cases

Felony arraignments work differently. You typically do not enter a plea at the General District Court level for a felony. Instead, the judge schedules a preliminary hearing.

A preliminary hearing involves the examination of witnesses in a “mini-trial” setting. The judge uses this testimony to determine if there is enough “probable cause” to certify the case to the Circuit Court and a Grand Jury. Determining probable cause is a crucial strategic point. Our attorney will use the preliminary hearing to cross-examine police officers and lock in their testimony before the actual trial in Circuit Court.

Waiving the Arraignment

In many situations, we can spare you the stress of this initial hearing entirely. Va. Code § 19.2-254 allows the accused to waive arraignment in most cases if they have counsel.

When you hire our law office before your court date, we can often arrange to waive the arraignment and just set a trial date.  This saves you a trip to the courthouse and prevents you from standing in front of the judge without protection.

Why “Wait and See” Is a Dangerous Strategy

The time between your arrest and your arraignment is valuable. While you wait, the prosecution is building its case file. Police reports are being written, and body camera footage is being reviewed.

If you wait until the arraignment to start looking for a lawyer, you are already behind. Early intervention allows us to:

  • Schedule a bond hearing if you are held without bond
  • Preserve evidence that might disappear, such as surveillance video and witness memories
  • Advise you on what not to say to investigators (usually do not speak with them at all)
  • Prepare a robust argument for your bond hearing

Whether you were stopped on I-581 for DUI or are facing serious allegations in downtown Roanoke, the statutes apply to everyone. Still, the defense strategy must be tailored to your specific needs.

Don’t Face the Judge Alone

The criminal justice system in Virginia is rigid and unforgiving. One misstep at your arraignment, like saying the wrong thing to a judge, can result in unnecessary jail time.

Our criminal lawyer will provide the aggressive legal defense you need to navigate these dangerous waters. Our legal team knows the local procedures in Roanoke, Salem, and Botetourt, and we use the strict letter of the law to defend your freedom.

Call the Law Office of Seth C. Weston, PLC at (540)-384-4585. We are ready to fight for you.