What happens at a criminal arraignment in Falls Church
You were just arrested in Falls Church and handed a summons telling you when and where to appear. The first formal court proceeding you will face is called an arraignment. It is held at the Falls Church General District Court, located at 300 Park Avenue, Suite 151W. The arraignment is not a trial—it is a procedural hearing where the judge will inform you of the exact charges the Commonwealth is bringing against you, ask how you intend to plead, and address the question of bail. For many people, this is their first experience inside a courtroom, and it can feel overwhelming. Knowing what to expect can help you make better decisions. If you have been given a court date, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation before you go to court. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Arraignment Process at Falls Church General District Court
When you arrive at the Falls Church General District Court, your case will be called before the judge. The Commonwealth’s Attorney or a police officer will read the charges against you. The judge will then ask you to enter a plea. In Virginia, you may plead guilty, not guilty, or, with the court’s permission, no contest. If you plead not guilty, the judge will set a trial date. The judge also decides the conditions of your release while the case is pending. For many first-offense misdemeanors, a personal-recognizance bond—release without having to pay money—may be granted. For more serious charges, the judge may require a secured bond. You have the right to have an attorney present during the arraignment and at all later proceedings. If you cannot afford an attorney, the court may appoint one to represent you.
Key Decisions You Face at Arraignment
The plea you enter at arraignment is a critical decision because it affects everything that follows. A guilty plea means you are admitting to the charge, and the case will move directly to sentencing. A not-guilty plea preserves your right to a trial, and the case moves into an evidence-gathering and motion-practice phase. A no-contest plea means you do not admit guilt but also do not contest the charge; it has the same immediate effect as a guilty plea for sentencing purposes but generally cannot be used against you as an admission in a related civil proceeding. You should not enter any plea without first speaking with a defense lawyer. An experienced attorney can assess the strength of the Commonwealth’s evidence, identify possible defenses, and advise you on the trusted plea to enter. Retaining counsel before the arraignment allows your lawyer to argue for a reasonable bond and to begin shaping your defense from day one.
What to Expect After Arraignment
If you pleaded not guilty, your case will be set for trial. At the Falls Church General District Court, the timeframe for the trial depends on the court’s calendar and the complexity of the matter. Before trial, your attorney may file motions—for example, to suppress evidence obtained through an unlawful search—and negotiate with the prosecutor. In many cases, the Commonwealth’s Attorney and defense counsel discuss the possibility of resolving the case without a trial through an amended charge or a sentencing recommendation. Throughout this period, you must comply with any bond conditions the court imposed, such as staying away from certain individuals or refraining from drug and alcohol use. If you were released on a secured bond, you are also required to appear at all scheduled court dates; a failure to appear can result in the bond being forfeited and a new criminal charge.
Potential Consequences of a Criminal Conviction in Virginia
Virginia classifies criminal offenses as either misdemeanors or felonies. The penalties that can be imposed depend on the specific offense and your prior record. A Class 1 misdemeanor—which includes common charges such as assault and battery, petit larceny, and a first-offense DUI—is punishable by up to 12 months in jail and a fine of up to $2,500. Class 2 misdemeanors carry up to six months in jail and a $1,000 fine. Felony charges are more serious; a conviction can lead to a sentence of a year or more in a state correctional facility, longer periods of supervised probation, and the loss of certain civil rights, such as the right to vote and the right to possess a firearm. Beyond the sentence imposed by the court, a criminal conviction can affect employment opportunities, professional licenses, child-custody proceedings, and immigration status. The full scope of consequences is often not apparent at the arraignment itself, which is why early legal guidance is essential.
Experienced Criminal Defense Representation
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in criminal trial work. He founded the firm in 1997 and practices 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). His Of Counsel team includes attorneys with backgrounds as prosecutors and law enforcement officers. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions About Criminal Arraignments in Falls Church
What is an arraignment?
An arraignment is the first court appearance in a criminal case, during which the defendant is formally advised of the charges, enters a plea, and the court determines bail. In Falls Church, this hearing takes place at the Falls Church General District Court for misdemeanors and for felony preliminary hearings. It is a brief proceeding and is not the trial itself. The arraignment sets the procedural framework for the rest of the case and gives the defendant notice of the specific allegations.
Do I need a lawyer for my arraignment in Falls Church?
You are not legally required to have a lawyer at your arraignment, but having an experienced criminal defense attorney present is strongly in your interest. An attorney can argue for a lower bond or release on personal recognizance, ensure you understand the charges, and advise you on which plea to enter. A decision made at arraignment—such as pleading guilty without full understanding of the consequences—can affect the entire case. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 before your court date.
What happens if I plead guilty at arraignment?
If you plead guilty at arraignment, the judge may sentence you immediately or set a separate sentencing hearing. For a misdemeanor, sentencing often occurs right away. For a felony, the case is transferred to the Falls Church Circuit Court, where a later hearing will be scheduled. Pleading guilty ends the case, waives your right to a trial, and results in a conviction on your record.
What happens if I plead not guilty?
Pleading not guilty means you deny the charge and the case moves forward to a trial date. The judge will schedule a trial, and your attorney will begin reviewing the Commonwealth’s evidence, filing motions, and preparing your defense. Between the arraignment and trial, plea negotiations may also occur. Your presence is required at all subsequent court appearances.
Can the judge set bail at my arraignment?
Yes, the judge at the arraignment can set bail or modify any bail set by the magistrate after your arrest. The judge considers factors such as the seriousness of the charge, your ties to the community, employment, criminal history, and risk of flight. Bail may take the form of a personal-recognizance bond (no payment required) or a secured bond requiring money or property. An attorney can present argument and evidence to support a reasonable bail arrangement.
What is the penalty for a misdemeanor in Falls Church, Virginia?
A Class 1 misdemeanor in Falls Church is punishable by up to 12 months in jail and a $2,500 fine; a Class 2 misdemeanor carries up to six months in jail and a $1,000 fine. Common Class 1 misdemeanors include assault and battery under Va. Code § 18.2-57, petit larceny of property valued at less than $1,000 under § 18.2-96, and driving on a suspended license under § 46.2-301. Cases are heard at the Falls Church General District Court. A misdemeanor conviction results in a permanent criminal record even after the sentence is served.
Can criminal charges be expunged in Falls Church?
Virginia permits expungement of criminal charges when the case ends in an acquittal, a nolle prosequi (the prosecutor drops the charges), or a dismissal. The petition is filed in the Falls Church Circuit Court under Va. Code § 19.2-392.2. Most convictions cannot be expunged. A first-offense marijuana possession resolved through a deferred disposition may also qualify in certain circumstances. An attorney can review your record to determine whether you are eligible for expungement.
How does bail work in Falls Church, Virginia?
After an arrest in Falls Church, a magistrate initially sets bail; the judge at the arraignment can review and modify that decision. For first-offense misdemeanors, the court may release the defendant on personal recognizance, meaning no money is required. For more serious charges, the judge may set a secured bond that must be posted in cash or through a bail bondsman before release. Bond conditions can restrict travel, contact with alleged victims, or alcohol use. If you believe your bail is unreasonably high, your attorney can ask the judge to reduce it.
What should I bring to my arraignment?
You should bring your summons or release paperwork, a form of identification, and any documents your attorney advises you to carry. If you have retained counsel, your attorney will tell you what is needed for your specific situation. You should dress respectfully, arrive early, and avoid bringing weapons or items prohibited by courthouse security. The Falls Church General District Court is located at 300 Park Avenue, Suite 151W. Free parking is available at the courthouse, and the building is accessible via the West Falls Church Metro.
How do I find a criminal defense lawyer in Falls Church?
You can request a consultation by contacting Law Offices Of SRIS, P.C. at (888) 437-7747. The firm’s Fairfax location serves clients in Falls Church and throughout Northern Virginia. Mr. Sris and his Of Counsel team have experience handling misdemeanor and felony matters in the Falls Church General District Court and Circuit Court. Early involvement of counsel can make a meaningful difference in how your case progresses from arraignment onward.
To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Our Fairfax location serves clients in Falls Church and the surrounding area. By appointment. 4008 Williamsburg Court, Fairfax, VA 22032.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.