What happens at a criminal arraignment in James City County
You were arrested at your home after a heated argument with a family member, and now you hold a summons ordering you to appear at the Williamsburg/James City County General District Court. You are not sure what an arraignment involves, what you should say, or whether a conviction could upend your life. That uncertainty is normal — and it is why you need to understand the process before you step into the courtroom. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent individuals at arraignments throughout James City County. Call (888) 437-7747 to discuss your situation before your court date. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Your Options at the Arraignment
When your case is called, the judge will read the charge against you, advise you of your right to an attorney, and ask for your plea. You have several options at that moment. You may plead not guilty and ask for a continuance to hire counsel. If you already have an attorney, your lawyer can enter the plea on your behalf. You may also request a court-appointed attorney if you qualify financially. No matter what you decide, remember that everything you say in court can be used later — this is not the time to explain your side of the story without legal guidance.
Mr. Sris and his Of Counsel can appear at your arraignment ready to enter a plea, argue for reasonable bond or personal recognizance, and begin shaping your defense from the first hearing. Having an experienced defense lawyer at this stage often affects the conditions of your release and the tone of the entire case.
What to Expect at the Court Hearing
The arraignment in James City County typically takes place in the Williamsburg/James City County General District Court for misdemeanor charges and felony preliminary hearings. The court is located at 5201 Monticello Avenue, Suite 4, Williamsburg. For felony cases that proceed to trial, the James City County Circuit Court handles the arraignment after indictment. Plan to arrive early so you can check in with the clerk and locate your courtroom. Dress respectfully; first impressions matter.
Once your case is called, the judge will inform you of the specific offense listed on the warrant or summons. You will be advised of your right to be represented by counsel at every stage. The judge will then ask how you plead. After your plea is entered, the court addresses bail or pretrial release conditions, scheduling the next court date — either a trial date for a misdemeanor or a preliminary hearing date if the charge is a felony. If you are represented, your attorney may address bond and procedural issues immediately.
Penalty Overview — What Is at Stake
The potential consequences of a criminal conviction in James City County depend on the classification of the charge. A Class 1 misdemeanor carries a maximum sentence of up to 12 months in jail and a fine. Class 2 misdemeanors are punishable by up to 6 months in jail and a $1,000 fine. Felony offenses expose you to considerably more severe penalties: a Class 5 felony can result in one to ten years in prison (or up to 12 months plus a fine at the jury’s discretion), while a Class 6 felony carries a term of one to five years.
The long-term impact can be just as serious. A criminal record can affect employment opportunities, housing applications, professional licensing, and even immigration status. For some first-time offenses, Virginia law provides deferred disposition programs that allow the charge to be dismissed after successful completion of probation and other conditions. Only an attorney who knows the local courts can evaluate whether such programs may be available in your case.
Legal Representation for Your Arraignment
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. A former prosecutor, he has practiced criminal defense across multiple states for decades. He is admitted 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 in law enforcement and prosecution, and every attorney at the firm has well over a decade of experience. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, and the firm has achieved 4,739+ documented results firm-wide. Results may vary.
Frequently Asked Questions
What exactly happens at an arraignment?
At an arraignment, the judge reads the charge, advises you of your rights, and asks for your plea. It is your first formal appearance before the court. In James City County, this usually occurs at the Williamsburg/James City County General District Court for misdemeanors or preliminary hearings. The judge also decides pretrial release conditions — personal recognizance, unsecured bond, or secured bond — and sets the next court date. Having counsel present at this stage ensures your rights are protected from the very beginning.
Should I speak at my arraignment?
You should not explain your side of the story or discuss the facts of the case at the arraignment. The hearing is not a trial, and anything you say can be used against you later. Answer the judge’s direct questions truthfully, but let your attorney address the legal and procedural matters. If you do not yet have a lawyer, ask the court for a continuance to obtain one. Exercising your right to remain silent is never held against you.
What is the difference between GDC and Circuit Court in James City County?
James City County General District Court handles misdemeanor trials and felony preliminary hearings; Circuit Court handles felony jury trials and appeals. The GDC is at 5201 Monticello Ave. Misdemeanors are resolved there unless you appeal. For felonies, the GDC determines probable cause at a preliminary hearing, after which the case moves to the James City County Circuit Court. You have an absolute right to a jury trial in Circuit Court for any offense carrying possible jail time.
How does bail work in James City County?
A magistrate sets bond shortly after arrest, and the arraignment judge may review it. Personal recognizance — a promise to appear with no payment — is common for first-offense misdemeanors. Secured bond requires posting cash or using a bail bondsman, who typically charges about 10% of the bond amount. A defense attorney can present factors to the judge that support a lower bond or personal recognizance, which can mean the difference between being released or remaining in custody.
Can I ask for a public defender at my arraignment?
Yes, if you cannot afford an attorney, you may request court-appointed counsel at the arraignment. The judge will ask about your financial situation. Eligibility is based on income guidelines. A public defender or court-appointed attorney will then be assigned. However, court-appointed attorneys often have heavy caseloads. Retaining a private defense lawyer gives you more control over who represents you and ensures dedicated attention to your case.
What should I bring to my arraignment?
Bring your summons or bail papers, a valid photo ID, and a method to pay any bond if it is set. Dress neatly and arrive early to the Williamsburg/James City County GDC, 5201 Monticello Ave, Suite 4. If you have already hired an attorney, bring your lawyer’s contact information so the courtroom clerk can note representation. Do not bring weapons, and turn off your cell phone before entering the courtroom. Contact our firm at (888) 437-7747 ahead of your date for guidance on what to expect.
For a full statutory breakdown of Virginia criminal offenses, see our comprehensive guide at srislawyer.com.
Other criminal defense resources: York County criminal lawyer · Williamsburg criminal lawyer · Fairfax County criminal lawyer · Fairfax City criminal lawyer · Falls Church criminal lawyer
Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Our Richmond Location — 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 — serves clients throughout James City County, including Williamsburg, Norge, Toano, and Lightfoot.
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