Q: I've been arrested and accused of a crime and I have to go to court for an arraignment.  What should I expect at an arraignment in Virginia?

A: The term arraignment is a general criminal law term which means different things in different states, and even means different things in different courts within a given state. 

Procedurally, in Virginia the term "arraignment" is commonly used to refer to the first appearance an accused will make before the Court.  If the accused is held in jail after being arrested, the arraignment in Virginia (first appearance) usually takes place the next day the court is open.  On the other hand, if the accused is released from custody (after being released on his or her own recognizance, or by posting bail or using the services of a bail bond agent) the arraignment is typically scheduled for a few days later. 

Substantively, this sort of arraignment in Virginia is a brief administrative hearing at which the Court will typically: 

• inform the accused of the allegation / accusation 
• make sure the accused understands the allegation / accusation 
• inform the accused of the right to be represented by a lawyer 
• ask whether the accused plans to hire an attorney of his / her own choosing, request the court to appoint the Public Defender or a private court appointed attorney, or proceed without the assistance of an attorney
• inform the accused of the next court date  

In many Virginia Circuit Courts the term arraignment is used in the more formal sense to describe the stage of a criminal case at which the accused is formally advised of the charge and asked to enter either a guilty or not guilty plea.  In some Virginia jurisdictions, this arraignment process occurs immediately before the trial is started or a guilty plea is taken, and in other Virginia jurisdictions it happens much earlier in the process and further proceedings are scheduled depending upon the particular plea which is entered.

The knowledgeable, experienced and successful Virginia Criminal Defense Lawyers of The Wilson Law Firm can discuss the Virginia arraignment process and other matters of Virginia criminal defense with you in more detail.     

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