What happens at a criminal arraignment in New Kent County
At a criminal arraignment in New Kent County, the individual charged with an offense appears before a judge or magistrate, is formally advised of the charges, informed of the right to an attorney, and the court determines the conditions of the person’s release pending trial. For misdemeanors, arraignment takes place in the New Kent County General District Court at 12001 Courthouse Circle, New Kent, VA 23124. For felony charges, an initial appearance—which functions similarly—is held in the same court, and the case will later be set for a preliminary hearing in General District Court before transfer to the New Kent County Circuit Court for trial. An experienced criminal defense lawyer can advocate for bond terms, request a continuance to prepare the defense, and ensure the defendant’s rights are protected from the very first hearing. To discuss your arraignment or to request representation, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
The Arraignment Process in New Kent County, Virginia
Arraignment procedures in New Kent County follow the Virginia criminal process. When a person is arrested or issued a summons, a court date is set—usually within weeks for misdemeanors. At the arraignment, the judge reads the charges and asks the accused how they plead: guilty, not guilty, or no contest. If the defendant cannot afford an attorney, the court determines eligibility for a court-appointed lawyer. For felony offenses, the General District Court only conducts an initial appearance and schedules a preliminary hearing; the felony trial itself occurs in the Circuit Court. Virginia law provides the defendant with the right to a jury trial for any offense carrying potential jail time, with the request made at the Circuit Court level.
Bail decisions are made by a magistrate shortly after arrest, but the arraignment judge has the authority to review and modify bond. In New Kent County, many first-offense misdemeanors result in release on personal recognizance—no payment required. For more serious charges, a secured bond may be set. Virginia’s speedy trial statute requires that a misdemeanor be tried within five months of arrest, and a felony within nine months if the defendant is held in custody. This timeline helps provide certainty, but the complexity of the case can affect actual scheduling. Having counsel at the arraignment can make a meaningful difference in resolving bond issues and shaping the early strategy.
Frequently Asked Questions
What exactly is a criminal arraignment?
An arraignment is the defendant’s first formal appearance before a judge after an arrest or summons. The judge verifies the defendant’s identity, reads the charges, explains the right to counsel, and receives the initial plea. In Virginia’s General District Court, this hearing also serves as the point where the court may consider bond modifications and set future hearing dates. It is not the trial; no evidence is presented, and witnesses are not called.
Do I need a lawyer at my arraignment in New Kent County?
You are not required to have a lawyer at arraignment, but having one can significantly affect the court’s decisions on bond and the direction of your case. An attorney can argue for release on recognizance, request a lower bond, or ask the judge to continue the case for further preparation. If you appear without counsel, you will be asked whether you intend to hire a lawyer or request a court-appointed attorney if eligible. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss representation before your court date.
What happens at a felony arraignment versus a misdemeanor arraignment in New Kent County?
A felony “arraignment” in Virginia is an initial appearance in General District Court, while a misdemeanor arraignment is a trial-setting hearing in the same court. For felonies, the General District Court only determines bond, advises of rights, and schedules a preliminary hearing. The actual arraignment for a felony—where the defendant enters a plea—occurs later in New Kent County Circuit Court after the grand jury issues an indictment. Misdemeanor cases are resolved entirely in the General District Court unless appealed.
Can the charges be dismissed at arraignment?
Dismissal at arraignment is uncommon, but certain procedural defects or the Commonwealth’s decision not to prosecute can lead to immediate resolution. If the arresting officer fails to appear, the judge may dismiss the charge. Additionally, if the Commonwealth’s Attorney decides the evidence is insufficient, a nolle prosequi may be entered at any stage, including at the first hearing. An attorney can assess whether such grounds exist in your case.
How does bail work at a New Kent County arraignment?
A magistrate sets bail shortly after arrest, but the arraignment judge can review and modify it. For many first-offense misdemeanors, the court releases the defendant on personal recognizance with no payment required. For felonies, secured bond is more common, though the amount depends on the charge, the defendant’s ties to the community, and the risk of flight. An attorney can present evidence supporting a lower bond or release.
What if I cannot afford an attorney?
If you cannot afford a private attorney, you may qualify for a court-appointed lawyer through the public defender’s system or a panel attorney. At arraignment, the judge will ask about your financial situation. Eligibility depends on income and resources, though court-appointed attorneys are not free—defendants may be required to reimburse the Commonwealth for a portion of the cost. It is important to request counsel at the earliest opportunity.
Will I be asked to enter a plea at arraignment?
Yes, the judge will ask for your plea: guilty, not guilty, or no contest. A not-guilty plea triggers the scheduling of a trial date. In misdemeanor cases, the trial is typically set within a few weeks to a couple of months, depending on the court’s calendar. In felony cases, the General District Court does not take a plea; that occurs later in Circuit Court. Never rush a plea without consulting an attorney.
What should I do if I miss my arraignment?
Missing an arraignment can result in a bench warrant for your arrest and additional charges. Contact your attorney immediately if you realize you will be unable to appear. The court may issue a capias, and law enforcement could take you into custody. A timely voluntary appearance before the court, with counsel, can sometimes resolve the warrant without extended jail time.
Can I speak at my arraignment?
Defendants are typically asked only basic identifying questions and for their plea; it is not a time for testimony or argument. The judge may allow limited comment regarding bond or the need for a continuance. Anything you say in court could be used against you later, so it is best to let your attorney do the talking.
What happens after the arraignment?
After the arraignment for a misdemeanor, the court sets a trial date and any pretrial deadlines. For felonies, the case proceeds to a preliminary hearing in General District Court. In the weeks following, your attorney will obtain discovery, file motions, and prepare for trial or negotiate a resolution. The timeline depends on the court’s schedule and the complexity of the matter. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in criminal defense. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, Mr. Sris has practiced since 1997 and personally handles complex criminal matters with the support of his Of Counsel team. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary.
Virginia Code Title 18.2 (Crimes and Offenses Generally) · New Kent County General District Court
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