What happens at a criminal arraignment in Henrico County
You were arrested in Henrico County, brought before a magistrate for a bond determination, and handed a paper with a court date. You may be anxious about that first formal court appearance — the arraignment. At the arraignment, which typically occurs a few days to a few weeks after arrest, the judge reads the charge or charges against you, advises you of your rights, and asks how you plead. You have the right to an attorney; if you cannot afford one, you may request court-appointed counsel. In Henrico County, arraignments for misdemeanors take place in the Henrico County General District Court at 4301 East Parham Road, while felony arraignments are held in the Henrico County Circuit Court after indictment. An experienced criminal defense lawyer can explain the process, protect your rights, and make sure you understand each step before you speak. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process in Henrico County Courts
The Henrico County General District Court handles all misdemeanor trials and felony preliminary hearings. For most misdemeanors, the arraignment is your first court date. The judge confirms your identity, states the charge, and advises you of your rights — including the right to remain silent and the right to counsel. You then enter a plea of not guilty, guilty, or nolo contendere. If you plead not guilty, the judge sets a trial date. If you are in custody, the judge may also review your bond status. For felony charges, the process differs. After a preliminary hearing in the General District Court, if the judge finds probable cause, the case is certified to the Henrico County Circuit Court, where a grand jury indictment triggers a separate arraignment in the circuit court. At that later arraignment, you again enter a plea, and the court schedules further proceedings. Throughout the process, the Commonwealth’s Attorney’s Office prosecutes the case. Having counsel present at the very first appearance can affect bond arguments and early case strategy.
Whether you face a misdemeanor or a felony, the arraignment is not a trial. It is a procedural step. You are not expected to present evidence or argue the merits of the case. However, what happens at the arraignment can shape how your case moves forward. A plea of not guilty preserves your rights and gives your attorney time to review the evidence, file motions, and negotiate with the prosecution. In Virginia, plea bargaining is permitted under Supreme Court Rule 3A:8, and the Commonwealth’s Attorney may agree to amend charges or reach a recommended sentence. If you have retained counsel, your attorney will speak on your behalf at the arraignment and address any bond issues. If you are unrepresented, the judge will explain your options and may continue the case for you to hire an attorney. For a thorough statutory analysis of Virginia criminal laws, visit our comprehensive overview on the main website.
Frequently Asked Questions
What is the penalty for a misdemeanor in Henrico County, Virginia?
A Class 1 misdemeanor in Henrico County carries up to 12 months in jail and a fine. A Class 2 misdemeanor has a maximum penalty of 6 months in jail and a fine. Common charges include assault and battery under Va. Code § 18.2-57, petit larceny under $1,000 (Va. Code § 18.2-96), and driving on a suspended license (Va. Code § 46.2-301). Misdemeanor cases are heard in the Henrico County General District Court. Even a misdemeanor conviction can affect employment, housing, and professional licenses, so it is important to have experienced counsel. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can criminal charges be expunged in Henrico County, Virginia?
Yes, Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged, but a charge that ends in your favor may be removed from your record. The petition is filed in the Henrico County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. A successful expungement requires a showing that the continued existence of the record constitutes a manifest injustice. Because the process involves a hearing and the Commonwealth’s Attorney may object, legal representation is essential. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does bail work in Henrico County, Virginia?
After an arrest in Henrico County, a magistrate sets the initial bond amount. For many first-offense misdemeanors, the magistrate may release you on personal recognizance — no payment required. For felonies or more serious charges, a secured bond is common, and a bail bondsman typically charges a non‑refundable premium. Bond can be appealed to the Henrico County General District Court, where a judge may adjust the amount or conditions. Factors considered include the nature of the offense, ties to the community, criminal history, and risk of flight. An attorney can argue for a lower bond at the arraignment. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Do I need a criminal defense lawyer in Henrico County, Virginia?
Yes — criminal charges carry potential jail time, fines, and a permanent record that can affect employment, housing, and immigration status. Even a misdemeanor conviction in Henrico County General District Court has serious long‑term consequences. The Commonwealth’s Attorney handles prosecution, and the court applies the same rules of evidence as any other Virginia court. A lawyer can evaluate the evidence, identify procedural weaknesses, and negotiate with the prosecution. Early representation often makes a difference in the outcome. Law Offices Of SRIS, P.C. serves clients at the Henrico County courts. Call (888) 437-7747 to request a consultation.
What is the difference between GDC and Circuit Court in Henrico County?
The Henrico County General District Court handles misdemeanor trials and felony preliminary hearings, while the Henrico County Circuit Court handles felony jury trials and appeals from GDC. If you are charged with a misdemeanor, your case will likely stay in GDC. For a felony, the GDC holds a preliminary hearing to determine if there is probable cause. If probable cause is found, the case moves to Circuit Court for indictment and trial. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Understanding which court has jurisdiction over your charge helps you prepare.
What should I bring to my arraignment in Henrico County?
Bring a government-issued photo ID, all court paperwork including the summons or bond documents, and any documentation related to your bond. If you have already retained an attorney, your lawyer can advise you on additional documents that may be helpful, such as proof of employment or community ties. Do not bring weapons, and avoid bringing children unless there is no alternative. If you are unsure about what to bring, ask your lawyer ahead of time. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I change my plea after the arraignment?
Yes, you can change your plea later in the proceedings with the court’s permission. Many people plead not guilty at the arraignment to preserve their rights while their attorney reviews the evidence. Later, if a plea agreement is reached or after further investigation, you may ask the judge to allow a change of plea to guilty or nolo contendere. The court must ensure that any plea change is made voluntarily and intelligently. Your lawyer can guide you on the timing and strategic considerations.
What happens if I miss my scheduled arraignment?
If you fail to appear at your arraignment without a valid reason, the judge may issue a bench warrant for your arrest. In Henrico County, a failure to appear can also result in a separate criminal charge under Va. Code § 19.2-128. The court may also revoke your bond and order you held without bail. If you know you will miss the date, contact your attorney immediately. Your lawyer may be able to request a continuance or address the court on your behalf.
How long does an arraignment typically take in Henrico County?
An arraignment in Henrico County usually takes only a few minutes per case, but you may spend part of the morning or afternoon waiting for your case to be called. The court’s docket on arraignment day often includes many cases. The judge handles each matter quickly — reading the charge, advising of rights, taking a plea, and addressing bond. Because the exact time varies, plan to be at the courthouse for several hours. Your attorney can give you a better estimate based on the court’s schedule.
What should I say at my arraignment?
You have the right to remain silent, and you should exercise that right beyond entering your plea and answering basic identification questions. Do not discuss the facts of your case with the judge or anyone else in the courtroom. Any statement you make can be used against you. If you have a lawyer, your attorney will speak for you. If you do not have one, inform the judge that you wish to hire counsel or request a court-appointed attorney. For a consultation, reach Mr. Sris and his Of Counsel 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 who has practiced criminal defense since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he concentrates on complex criminal matters. His Of Counsel team includes attorneys with extensive trial experience, and together they bring over 120 years of combined legal experience. Results may vary. The firm’s Richmond location serves clients in Henrico County and throughout Central Virginia. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. To discuss your case, call (888) 437-7747.
Related defense pages: Chesterfield County criminal defense lawyers · Hanover County criminal defense representation · Fairfax County criminal defense attorneys
Primary legal sources: Virginia Code Title 18.2 · Virginia Judicial System · SCC business entity filings. Full statutory analysis on our main site.
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