What happens at a criminal arraignment in Fairfax County
An arraignment is the first formal court appearance after an arrest in Fairfax County. At the arraignment, held at the Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210, Fairfax, Virginia, a judge informs you of the charges filed against you, you enter a plea—guilty, not guilty, or no contest—and the court determines bail or release conditions. The arraignment is also when the judge advises you of your right to an attorney. If you do not already have counsel, you must indicate whether you will hire private counsel or apply for a court-appointed lawyer. Law Offices Of SRIS, P.C. represents individuals at arraignments throughout Fairfax County and can guide you through this critical first step. For immediate assistance, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process in Fairfax County
The criminal arraignment in Fairfax County is a procedural hearing, not a trial. The judge will read the charges or provide you with a written statement of the charges. If the offense is a misdemeanor, the case will stay in the General District Court; if a felony, a preliminary hearing date will be set at the General District Court, and the case will later be transferred to the Fairfax County Circuit Court for trial or further proceedings. The court will also address any pending warrants and may issue a protective order in domestic violence or assault cases. The entire process is governed by Virginia law, and the court follows a structured schedule to process multiple arraignments efficiently.
Because the arraignment sets the tone for the rest of your case, having an experienced attorney present can make a substantial difference. Your lawyer can argue for reduced bail or release on personal recognizance, negotiate with the prosecutor for amended charges, and ensure your rights are protected from the very beginning. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team appear regularly in Fairfax County courts and understand the local procedures and expectations of the judges and Commonwealth’s Attorney’s office.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fairfax County, Virginia?
A Class 1 misdemeanor in Fairfax County carries up to 12 months in jail and a fine of up to $2,500; a Class 2 misdemeanor carries up to 6 months and a $1,000 fine. Common Class 1 misdemeanors include assault and battery under Va. Code § 18.2-57, petit larceny under Va. Code § 18.2-96, and driving on a suspended license under Va. Code § 46.2-301. Cases are heard at the Fairfax County General District Court. An experienced criminal defense attorney can help you understand the specific consequences and negotiate for alternative dispositions.
Can criminal charges be expunged in Fairfax County, Virginia?
Virginia allows expungement for charges that resulted in an acquittal, dismissal, or nolle prosequi; most convictions cannot be expunged. Under Va. Code § 19.2-392.2, you may petition the Fairfax County Circuit Court to expunge police and court records when your case ended without a conviction. First-offense marijuana possession may also be eligible for expungement through deferred disposition. Expungement proceedings are separate from the original criminal case and require thorough preparation of the petition and supporting evidence.
How does bail work in Fairfax County, Virginia?
After an arrest, a magistrate sets a bond; many first-offense misdemeanor defendants are released on personal recognizance (no payment), while felony defendants typically face a secured bond. The bail amount is determined based on factors such as the seriousness of the charge, prior record, ties to the community, and risk of flight. If you believe the bond is too high, your attorney can file a motion to reduce bail, which is heard in the Fairfax County General District Court. A bail bondsman may be needed for a secured bond, charging approximately 10% of the total bond amount.
What is the difference between GDC and Circuit Court in Fairfax County?
The Fairfax County General District Court handles misdemeanor trials and felony preliminary hearings, while the Circuit Court handles felony jury trials and appeals from the General District Court. If you are charged with a misdemeanor, your case will be resolved in GDC unless you appeal a conviction. For felony charges, your attorney will cross-examine witnesses at a preliminary hearing in GDC, and the case will then be certified to the Circuit Court for grand jury review and trial. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Do I need a criminal defense lawyer at my arraignment in Fairfax County?
While you are not legally required to have an attorney at arraignment, the decisions made there—regarding bail, plea, and release conditions—can significantly impact the rest of your case. A lawyer can argue for your release on recognizance, negotiate with the prosecutor for charge amendments, and advise you on your plea. Law Offices Of SRIS, P.C. has over 4,700 documented case results, and Mr. Sris—a former prosecutor—understands the dynamics of Fairfax County courtrooms. Call (888) 437-7747 to request a consultation.
What should I bring to my arraignment?
Bring a valid government-issued photo ID, a copy of your arrest paperwork or summons, and any documents you want your attorney to review, such as character letters or proof of employment. If you have retained counsel, your attorney may have already provided you with specific instructions. It is also advisable to bring a list of questions or concerns you want to discuss with your lawyer before the hearing. Do not bring weapons, and dress in a respectful manner to make a positive impression on the court.
What happens if I plead not guilty at arraignment?
If you plead not guilty at arraignment, the court sets a trial date, typically several weeks out for misdemeanors, or a date for a preliminary hearing if the charge is a felony. The prosecutor will then be required to provide discovery—copies of police reports, witness statements, and any physical evidence. Your attorney will have the opportunity to file motions, negotiate with the prosecutor, and prepare your defense. Pleading not guilty preserves all your rights and does not prevent a later change of plea.
What if I fail to appear for my arraignment in Fairfax County?
Failing to appear for a scheduled arraignment or any court date can result in the judge issuing a bench warrant for your arrest. You may face additional charges for failure to appear, and any bail previously posted may be forfeited. If you missed your court date, you should contact your attorney immediately; in some situations, your lawyer can move to recall the warrant and reschedule the hearing. Prompt action is critical to minimize consequences.
How long does an arraignment take in Fairfax County?
An arraignment typically lasts only a few minutes, though you may need to wait in the courtroom for your case to be called. The judge handles multiple cases during the court session; the actual reading of charges, entry of plea, and bail determination usually take less than ten minutes. However, if your attorney needs to argue a bail reduction or there are complicating factors, the proceeding may be longer. The court’s business hours are Monday through Friday, and arraignments are generally scheduled during the morning docket.
What should I do if I have been arrested and am waiting for arraignment?
After an arrest in Fairfax County, you should contact a criminal defense attorney as soon as possible. Your lawyer can begin investigating your case, communicate with the Commonwealth’s Attorney, and prepare for the arraignment. If you are in custody, ask to speak with an attorney. Do not discuss your case with law enforcement or anyone other than your lawyer. Law Offices Of SRIS, P.C. is available 24 hours a day at (888) 437-7747 to assist you or your family.
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 trial work. He founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results. Results may vary. They have documented more than 4,700 case results across all practice areas, including over 500 criminal matters handled in Fairfax County alone.
Reach Law Offices Of SRIS, P.C. at (888) 437-7747. The firm serves clients from its Fairfax Location at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment.
Our firm also handles criminal defense matters in neighboring jurisdictions:
- Criminal lawyer in Prince William County
- Criminal lawyer in Stafford County
- Criminal lawyer in Loudoun County
- Criminal lawyer in Arlington County
Primary source references: Virginia Code Title 18.2 (Crimes and Offenses) · Fairfax County General District Court · Virginia Judicial System
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