What happens at a criminal arraignment in Lexington
A criminal arraignment in Lexington is the formal court proceeding where a defendant is advised of the charges against them and enters a plea. The specifics depend on whether you face a misdemeanor or a felony, because the two categories follow different procedural paths in Virginia. For a misdemeanor—such as simple assault or petit larceny—the arraignment generally occurs at the first appearance before the Lexington General District Court at 2 South Main Street. For a felony, the initial appearance takes place in the same general district court for bond and counsel, but the formal arraignment happens later in the Lexington Circuit Court after an indictment is returned. Understanding what to expect can help you feel more prepared. If you have been charged with a criminal offense in Lexington, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process in Lexington, Virginia
In Lexington, the court that handles your arraignment depends on the classification of the offense. Misdemeanors—which carry a maximum jail term of twelve months—are adjudicated in the Lexington General District Court. At the first appearance, which often serves as the arraignment for a misdemeanor, the judge will read the charge, advise you of your right to an attorney, and ask how you plead. If you cannot afford counsel, the court may appoint a public defender or a court-appointed attorney. Bond is also addressed at this stage, and the magistrate’s earlier bail determination can be reviewed by the judge.
For felony offenses, the process is different. After arrest, you will have an initial appearance in the General District Court, where bond is set and counsel is appointed if needed. A preliminary hearing follows, at which the Commonwealth’s Attorney must present enough evidence to establish probable cause. If the case is certified to the grand jury and an indictment is returned, the formal arraignment will be scheduled in the Lexington Circuit Court. At that hearing, the indictment is read, you enter a plea, and the court sets a trial date. Throughout the Shenandoah Valley, defendants are well served by having an attorney who is familiar with both the General District and Circuit Courts.
Frequently Asked Questions
What exactly happens at a criminal arraignment in Lexington?
At a criminal arraignment, the judge formally reads the charges, advises you of your rights, and requires you to enter a plea of guilty, not guilty, or no contest. In the Lexington General District Court, the first appearance often includes the arraignment for misdemeanors. The Commonwealth’s Attorney will provide the charging document, and the judge will ensure that you understand the allegations. If you were released on a summons, you will appear at this hearing to answer the charge. For felonies, the true arraignment occurs after a grand jury indictment in the Lexington Circuit Court, and it follows the same general pattern but with the possibility of more complex procedural steps.
What is the difference between an arraignment and an initial appearance in Lexington?
An initial appearance focuses on bond and appointment of counsel, while an arraignment is the hearing where you plead to the charge. In Lexington, for a misdemeanor, the initial appearance and the arraignment are often combined into a single session at the General District Court. For a felony, the initial appearance (also called an advisement hearing) is held promptly after arrest in the General District Court to set bond and confirm your right to an attorney. The formal arraignment on the felony charge occurs later in the Circuit Court after a grand jury returns an indictment, at which point you will enter your plea.
When is the arraignment held for a misdemeanor in Lexington?
For most misdemeanors, the first court date listed on your summons or arrest paperwork is the arraignment and trial-setting hearing combined. The Lexington General District Court schedules these appearances shortly after arrest, usually within a few weeks. At that hearing, the judge will advise you of the charge, ensure that you are represented by counsel, and accept your plea. If you plead not guilty, the court will set a trial date. Because timing can vary with the court’s calendar, it is important to appear on the date stated on your paperwork or, if you hire an attorney, to have counsel confirm the date with the clerk’s office.
What happens at a felony arraignment in Lexington Circuit Court?
At a felony arraignment in the Lexington Circuit Court, the judge reads the indictment, advises you of the possible penalties, and asks for your plea of guilty, not guilty, or no contest. This hearing occurs after a grand jury has returned a true bill, which means the grand jury found probable cause to support the charge. The arraignment is normally brief; the court will ensure that you are represented by counsel and will set dates for pretrial motions and trial. If you remain in custody, the judge may also review your bond status, although bond matters are typically handled at earlier stages.
Do I need a lawyer for my arraignment in Lexington?
Yes, you have the right to have an attorney represent you at every stage of a criminal case, including the arraignment. An experienced defense attorney can ensure that the charges are correctly stated, that your rights are protected, and that any bond issues are addressed effectively. If you appear without counsel, the judge will likely continue the case so that you can hire an attorney or, if you qualify, have one appointed. Having a lawyer present from the first appearance helps you understand the strength of the prosecution’s case and the trusted path forward. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What if I cannot afford an attorney?
If you cannot afford an attorney, you may ask the court to appoint a public defender or a court-appointed lawyer at your first appearance. Eligibility is based on your income and financial resources.
The court-appointed attorney fee in Lexington is determined by the court and varies by case type.
Source: Lexington General District Court fee schedule, Lexington General District Court
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Even if you are represented by a court-appointed lawyer, you retain the option to hire private counsel at any point. Every defendant has the right to counsel of their choice.
How does the court set bail at my arraignment or first appearance?
Bail is set by a magistrate shortly after arrest, but the judge at your first appearance in the Lexington General District Court can review and adjust the bond determination. For many first-offense misdemeanors, the court may release you on personal recognizance, meaning no payment is required. For felonies, a secured bond is more common, and a bail bondsman typically charges a percentage of the bond amount for posting it. The judge considers factors such as the severity of the charge, your ties to the community, your criminal history, and whether you present a flight risk.
What should I wear to my court appearance in Lexington?
Dress conservatively and respectfully—think business or church attire—to show the court that you take the proceedings seriously. A button-down shirt or blouse with slacks or a modest skirt is appropriate. Avoid shorts, tank tops, hats (except for religious reasons), and clothing with offensive language or imagery. The Lexington General District Court is a professional setting, and your appearance can influence the tone of the proceeding. If you are unsure about what to wear, your attorney can provide guidance.
What plea options do I have at an arraignment?
You may plead guilty, not guilty, or, in some circumstances, no contest (nolo contendere). A guilty plea means you admit the charge and accept the consequences. A not guilty plea preserves your right to trial by judge or jury. A no-contest plea does not admit guilt but accepts the punishment; it has the same immediate effect as a guilty plea in the criminal case but cannot be used against you in a related civil lawsuit. Your attorney will discuss which plea is in your best interest based on the evidence and your goals.
What happens after I enter a not guilty plea?
After a not guilty plea, the court will set a date for trial and any necessary pretrial hearings. For a misdemeanor in the General District Court, the trial will be scheduled within a few weeks and decided by the judge. If you are convicted, you have the right to appeal to the Circuit Court for a new trial before a jury. For a felony, the arraignment in the Circuit Court is followed by a discovery period and motion practice before a jury trial is scheduled. Throughout this phase, your attorney will examine the evidence, file motions, and negotiate with the Commonwealth’s Attorney.
Can I change my plea later?
Yes, under Virginia law you may change your plea before sentencing, subject to the court’s approval. Changing a not guilty plea to guilty is common when a negotiated agreement is reached. Changing a guilty plea to not guilty is more difficult and requires a motion to withdraw the plea, which the court will grant only for a fair and just reason. These decisions are critical, and you should always consult with your attorney before entering or changing a plea.
How can Law Offices Of SRIS, P.C. help me at my arraignment?
Law Offices Of SRIS, P.C. can represent you from the very first court appearance, making sure that you understand the charges, that your rights are protected, and that bail arguments are presented persuasively. Mr. Sris, a former prosecutor, and his Of Counsel team bring extensive experience in Lexington courts to every case. They will handle all procedural steps, including filing the necessary motions, communicating with the Commonwealth’s Attorney, and preparing you for what to expect. To discuss your arraignment and your defense options, call (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 admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has practiced criminal defense since 1997 and keeps a limited personal caseload to remain directly involved in complex matters. Along with his Of Counsel, Mr. Sris brings deep familiarity with the courthouses of the Shenandoah Valley, including the Lexington General District and Circuit Courts. Our Shenandoah location at 505 N Main Street, Suite 103, Woodstock, VA 22664, serves clients throughout the region. For an appointment, call (888) 437-7747.
Fairfax County criminal defense lawyer •
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Virginia law resources:
Virginia Code Title 18.2 •
Virginia Court System •
Lexington General District Court
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