What happens at a criminal arraignment in Henrico County
An arraignment is the first formal court appearance after an arrest in Henrico County, Virginia. At this hearing, which takes place at the Henrico County General District Court at 4301 East Parham Road, the judge will read the charges against you, ensure you understand them, and ask you to enter a plea—guilty, not guilty, or, in some cases, no contest. The judge will also address bail or bond conditions and, if you do not have a lawyer, inform you of your right to counsel and the process for obtaining a court-appointed attorney if you qualify. This is not a trial; no evidence is presented, and witnesses are not called. What happens at arraignment sets the stage for the rest of the criminal process, and having an experienced criminal defense lawyer with you can help you understand the charges, evaluate potential defenses, and make informed decisions about your plea. For arraignment representation in Henrico County, 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
In Henrico County, the arraignment procedure follows Virginia law and the local practices of the Fourteenth Judicial District. For most misdemeanors, the initial appearance before a magistrate shortly after arrest is followed by a formal arraignment in the General District Court. Misdemeanor charges are heard in General District Court, while felony cases begin with a preliminary hearing that is not a full trial but a proceeding to determine if there is probable cause to send the case to the Circuit Court. At the arraignment on a misdemeanor, the judge will read the charge aloud, verify your identity, and advise you of the potential penalties—which, for a Class 1 misdemeanor, may include up to 12 months in jail and a fine of up to $2,500 under Virginia Code § 18.2-11. You will be asked how you plead.
If you plead not guilty, the court will set a trial date, typically within several weeks. If you plead guilty, the judge may proceed to sentencing immediately or order a presentence report. For felony charges, the General District Court handles only the arraignment and a preliminary hearing. If the court finds probable cause, the case is certified to the Henrico County Circuit Court, where a grand jury may indict you and a formal arraignment will be held in Circuit Court. Throughout this process, it is wise to have counsel present. Mr. Sris and his Of Counsel team appear regularly in Henrico County courts and can advise you on the trusted course of action.
A Class 1 misdemeanor in Virginia carries a maximum penalty of 12 months in jail and a $2,500 fine.
Source: Va. Code § 18.2-11. Virginia Code § 18.2-11
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Frequently Asked Questions
What is an arraignment and when does it happen in Henrico County?
An arraignment is the formal court hearing where a person charged with a crime is informed of the charges and asked to enter a plea. In Henrico County, after an arrest, a person is brought before a magistrate who sets initial bail conditions. The first court date, typically within a few days for a person in custody or a few weeks for those released on summons, is the arraignment in Henrico County General District Court (for misdemeanors) or the preliminary hearing date for felonies. The judge reads the charges, confirms you understand them, and allows you to enter a plea of guilty, not guilty, or no contest. If you do not have a lawyer, the judge will advise you about your right to counsel.
Do I need a lawyer at the arraignment in Henrico County?
You are not required to have a lawyer at arraignment, but it is strongly recommended because the decisions made at this early stage can affect your entire case. At arraignment, you must decide how to plead, and that decision can have significant consequences. A criminal defense attorney can explain the charges, evaluate whether the prosecution has sufficient evidence, discuss possible defenses, and advise whether to plead not guilty and set the matter for trial. Additionally, an attorney can argue for a reasonable bond or request a bond reduction if you are in custody. Law Offices Of SRIS, P.C. provides representation at Henrico County arraignments; call (888) 437-7747 to schedule a consultation.
What happens if I plead not guilty at my arraignment?
If you plead not guilty, the court will set a trial date, and your case will proceed to the next phase where the prosecution must prove the charges beyond a reasonable doubt. In Henrico County General District Court, the trial date is usually scheduled within four to eight weeks, though the timeline can vary. For felony charges, a not-guilty plea at the Circuit Court arraignment will result in a trial date being set several months later, often after pretrial motions and discovery. An experienced lawyer can use the time between arraignment and trial to investigate the facts, identify legal issues, file motions to suppress evidence if appropriate, and negotiate with the Commonwealth’s Attorney. Mr. Sris and his Of Counsel handle cases at both the General District and Circuit Court levels.
Can I be released on bail after the arraignment in Henrico County?
Yes, the judge can set or modify bail at arraignment, though bail conditions are often initially set by a magistrate after arrest. If you are in custody at the time of arraignment, your lawyer can ask the General District Court judge to review the bail amount and consider a release on personal recognizance or a lowered secured bond. For minor first offenses, personal recognizance, which requires no payment, is common. For more serious charges, secured bond may be required. Factors such as ties to the community, criminal history, and the nature of the offense influence bail decisions. Having counsel present can present a fuller picture to the court to seek the most favorable conditions.
What should I bring to my arraignment date?
Bring a government-issued photo ID, any paperwork you received when you were arrested or released, and, if you have hired an attorney, your attorney’s contact information. Dress in clean, conservative attire to show respect for the court. Arrive early to find parking and locate the correct courtroom at 4301 East Parham Road. If you have documents relevant to your case—such as proof of employment, school enrollment, or medical records—bring copies for your attorney to review. Do not bring weapons, and leave unnecessary items at home. If you are uncertain about what to bring, contact Law Offices Of SRIS, P.C. at (888) 437-7747 for guidance before your court date.
How long after an arrest does the arraignment take place in Henrico County?
The timeline depends on whether you are held in custody or released, but Virginia law requires an initial appearance before a magistrate without unnecessary delay and a formal arraignment within a reasonable time. If you are arrested and detained, a magistrate will determine probable cause and set bail shortly after booking, often within 24 hours, and the arraignment may occur the next business day or within a few days in General District Court. If you are released on a summons, the arraignment date may be set a few weeks out. Virginia’s speedy trial statute requires trial within five months for misdemeanors and nine months for felonies if the accused is incarcerated, which can influence scheduling.
What happens if I miss my arraignment in Henrico County?
Missing an arraignment can result in the judge issuing a bench warrant for your arrest, and you may face additional charges for failure to appear. If you miss your court date, contact your attorney immediately. In some cases, your lawyer may be able to schedule a new hearing date and ask the court to recall the warrant, but this is not guaranteed. Failure to appear can also lead to the revocation of bail and a more restrictive bond. It is essential to attend every scheduled court appearance. If you have an emergency, notify your attorney and the court clerk’s office as soon as possible. Law Offices Of SRIS, P.C. assists clients in managing court obligations; call (888) 437-7747.
Can the judge dismiss my case at the arraignment?
It is very rare for a judge to dismiss a case at arraignment because arraignment is not the stage for evaluating evidence. Dismissal at this early point typically occurs only if the charging document is facially defective—for example, it does not state a crime under law—or if the prosecutor voluntarily moves to dismiss the charge before the plea is entered. Most substantive legal challenges, such as motions to suppress or arguments about insufficient evidence, are raised later, after discovery. However, having an attorney review the charging paperwork before arraignment can identify potential defects and, in limited circumstances, lead to a prompt dismissal. Speak with a lawyer about your options; reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens after the arraignment if I’m charged with a felony?
After an arraignment on a felony charge in General District Court, the case proceeds to a preliminary hearing unless the defendant waives it. At the preliminary hearing, the judge determines whether there is probable cause that a felony was committed and that the defendant committed it. If probable cause is found, the case is certified to the grand jury of the Henrico County Circuit Court. If the grand jury returns a true bill, a formal arraignment is held in Circuit Court, where the defendant again enters a plea. The felony trial then follows. Throughout this multistep process, having experienced counsel is critical because strategic decisions at each stage affect the eventual outcome. Mr. Sris and his Of Counsel represent clients in both GDC and Circuit Court.
Is the arraignment different for misdemeanors vs. Felonies in Henrico County?
Yes, the arraignment procedure differs significantly between misdemeanors and felonies in Henrico County, primarily because felonies require a grand jury indictment and trial in Circuit Court. For a misdemeanor, the entire case—from arraignment to trial—stays in the General District Court unless the defendant appeals a conviction to the Circuit Court for a trial de novo. For a felony, the initial appearance is in General District Court, but that court cannot accept a guilty plea to a felony or try the case; it only conducts a preliminary hearing. The formal arraignment on the felony charge occurs later in Circuit Court after a grand jury indictment. This procedural distinction makes early retention of a lawyer familiar with both courts important. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your arraignment.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, Owner and Founder and a former prosecutor. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel—a collective of experienced attorneys engaged through Excella—bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to criminal defense matters. Results may vary. The firm’s Richmond location serves clients in Henrico County and throughout central Virginia. Reach our location at (804) 201-9009 or toll-free at (888) 437-7747.
Explore related pages: Criminal lawyer Chestefield County | Criminal lawyer Hanover County | Criminal lawyer Fairfax County | Criminal lawyer Falls Church
Official resources: Virginia Code Title 18.2 – Crimes and Offenses | Henrico County General District Court | Virginia Courts
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