What happens at a criminal arraignment in Chesapeake
You were driving through Chesapeake late on a Saturday night when blue lights appeared behind you. Moments later, you were handcuffed and riding in the back of a police car toward the Chesapeake City Jail. After a night in a holding cell, a magistrate set your bond and told you to appear in Chesapeake General District Court the following week. That first court date—the arraignment—is one of the most important moments in your case. An arraignment is not a trial. It is the first formal court appearance, where you hear the charges against you, enter a plea, and address bond. If you have retained Law Offices Of SRIS, P.C., an experienced criminal defense attorney will be at your side to guide you through every step. For a consultation about your Chesapeake arraignment, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your First Court Appearance in Chesapeake: What to Expect
The Chesapeake General District Court, located at 307 Albemarle Drive, Chesapeake, VA 23322, handles arraignments for misdemeanors and the early stages of felony cases. The court sits in the First Judicial District and is currently presided over by Hon. Michael R. Katchmark. Court business hours are Monday through Friday, 8:00 AM to 4:00 PM. When you arrive, expect to pass through security screening. A docket call will announce your name, and you will step forward before the judge.
During the arraignment, the judge will inform you of the charges—read directly from the warrant or indictment—and ask how you plead. In Virginia, you may plead guilty, not guilty, or, with the court’s permission, nolo contendere (no contest). Most attorneys advise entering a plea of not guilty at arraignment to preserve all legal options. The judge will also address bond and may appoint a public defender if you qualify financially. If you arrive with a private attorney—such as Mr. Sris and his Of Counsel—the attorney can request a bond reduction or release on recognizance, challenge the sufficiency of the charging documents, and begin discussing case strategy with the prosecutor. For felony charges, the arraignment in General District Court is followed by a preliminary hearing, after which the case may be certified to Chesapeake Circuit Court for trial.
An arraignment is a critical procedural checkpoint—it triggers Virginia’s speedy trial clock and formally commences the case. Having legal counsel present at this early stage can significantly influence how the case proceeds. Mr. Sris and his Of Counsel have appeared in Chesapeake courts and understand the local practices that shape arraignment outcomes. To arrange representation for your arraignment, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions About Chesapeake Arraignments
What is the penalty for a misdemeanor in Chesapeake, Virginia?
A Class 1 misdemeanor in Chesapeake carries up to 12 months in jail and a $2,500 fine; a Class 2 misdemeanor can result in up to 6 months in jail and a $1,000 fine. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on a suspended license (§ 46.2-301). Misdemeanor cases are heard in Chesapeake General District Court. The specific penalty depends on the charge, your prior record, and the facts of the case.
Can criminal charges be expunged in Chesapeake, Virginia?
Yes, Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Chesapeake Circuit Court. First-offense marijuana possession may qualify through deferred disposition. If your case ends in a favorable outcome, you may be able to clear your record. Early legal representation can help protect your eligibility for expungement.
How does bail work in Chesapeake, Virginia?
A magistrate sets bond shortly after arrest; for many first-offense misdemeanors in Chesapeake, personal recognizance (no payment) is common, while secured bond (requiring a bail bondsman, typically about 10% of the bond amount) is more typical for felonies. Bond can be appealed to Chesapeake General District Court. The magistrate considers the seriousness of the offense, ties to the community, flight risk, and public safety. Your attorney can present arguments to reduce the bond amount or request that you be released without payment.
Do I need a criminal defense lawyer for an arraignment in Chesapeake?
Yes, having an attorney present at your arraignment is strongly advised. Criminal charges carry possible jail time, fines, and a permanent record that affects employment, housing, professional licenses, and immigration status. Even a misdemeanor at Chesapeake General District Court has serious consequences. An attorney can challenge bond conditions, advise on the plea, and begin building your defense immediately. Law Offices Of SRIS, P.C. Accepts consultations by appointment—call (888) 437-7747.
What is the difference between General District Court and Circuit Court in Chesapeake?
Chesapeake General District Court handles all misdemeanor trials and felony preliminary hearings; Chesapeake Circuit Court handles felony jury trials and appeals from the General District Court. You have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time. If your felony case is certified to Circuit Court after the preliminary hearing, your case will start with a new arraignment in that court.
What happens after the arraignment in a Chesapeake criminal case?
After the arraignment, the case moves into the pre‑trial phase—discovery, motion practice, and possible plea negotiations. For misdemeanors, a trial date will be set, typically within four to eight weeks. For felonies, a preliminary hearing is scheduled, and then the case proceeds to Circuit Court. During this time, your attorney reviews police reports, evidence, and body‑worn camera footage; files motions to suppress evidence; and discusses resolutions with the Commonwealth’s Attorney.
Can I change my plea after the arraignment?
Yes, with court permission and counsel’s guidance, you can withdraw a plea of not guilty and enter a guilty plea or nolo contendere later. Plea negotiations often occur after the arraignment when the evidence is better understood. If you plead guilty at arraignment, however, the court may ask questions to ensure the plea is knowing and voluntary. It is generally safer to plead not guilty initially so all options remain open.
What if I miss my arraignment in Chesapeake?
Missing your arraignment typically results in the court issuing a capias (bench warrant) for your arrest. You could be taken back into custody, and your bond may be revoked. If you miss court due to an emergency, your attorney can immediately contact the court and the Commonwealth’s Attorney to explain the situation and request a recall of the warrant. Never simply ignore a court date—the consequences are severe.
Is the arraignment open to the public?
Yes, criminal arraignments in Chesapeake are generally open to the public unless the court orders the courtroom closed for specific reasons. Family members, media, and the public can attend. Being aware of the public nature can help you prepare mentally for your first appearance. Your attorney can advise you on courtroom decorum and what to expect.
Can I speak to the judge at my arraignment?
You may speak directly to the judge when addressed, but you should always consult with your attorney before making any substantive statements. Anything you say can be used against you later. The arraignment is not the forum to argue the facts of your case. Your attorney will address bond matters and procedural issues for you. If you are unrepresented, the judge may ask you about your plea and financial status, but it is best to have counsel speak on your behalf.
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 founded the firm in 1997. He is admitted to practice 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). He and his Of Counsel bring over 120 years of combined legal experience, and the firm has documented 4,739+ results firm-wide. Results may vary. Every attorney works to provide thoughtful, effective representation at every stage of a criminal case, from arraignment through trial.
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