What happens at a criminal arraignment in Lexington
At a criminal arraignment in Lexington, Virginia, you appear before a judge at the Lexington General District Court to be formally advised of the charges against you and to enter a plea. The judge will read the charging document—typically a warrant or summons—aloud, inform you of your right to counsel, and ask how you plead: guilty, not guilty, or nolo contendere. If you cannot afford an attorney, the court will determine your eligibility for court-appointed counsel. Bail conditions may be set or reviewed at this hearing. The arraignment is not a trial; it is a procedural step that sets the course of your case. Law Offices Of SRIS, P.C. represents individuals at arraignments in Lexington and throughout the Shenandoah Valley. To request a consultation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What to Expect at Your Lexington Arraignment
An arraignment in Lexington follows a structured sequence. When your case is called, the judge will confirm your identity and ensure you understand the nature of the charge. For misdemeanor offenses—including assault and battery under Va. Code § 18.2-57, petit larceny under § 18.2-96, or disorderly conduct under § 18.2-415—the arraignment typically occurs at the first court appearance. For felony charges, the initial appearance in General District Court is usually a bond hearing or advisement of rights; the formal arraignment happens later in Circuit Court after indictment.
The judge will advise you of certain fundamental rights: the right to remain silent, the right to counsel, and the right to a trial. If you plead not guilty, the judge will set a trial date. In Lexington General District Court, misdemeanor trials are generally scheduled within a matter of weeks, though the exact timeline depends on the court’s calendar. If you plead guilty or nolo contendere, the judge may sentence you immediately or order a presentence report, depending on the offense and your record. Law Offices Of SRIS, P.C. helps clients navigate the arraignment process and develop a strategy from the very first appearance.
A Class 1 misdemeanor in Virginia carries a maximum penalty of 12 months in jail and a 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
Do I need a lawyer before my arraignment in Lexington?
Yes, it is advisable to have an attorney before your arraignment. An arraignment sets critical deadlines and can affect bail, your plea, and the direction of your case. Even if you think the charge is minor, a plea at arraignment can result in immediate sentencing. Having experienced counsel present helps protect your rights from the outset. Law Offices Of SRIS, P.C. Appears at Lexington General District Court regularly and can advise you before you enter a plea. Contact us at (888) 437-7747 to discuss your situation.
What happens if I miss my arraignment in Lexington?
Missing an arraignment may result in a capias warrant for your arrest. The judge can issue a bench warrant for failure to appear, which will lead to additional charges. If you have missed your court date, contact a defense attorney immediately. An attorney can sometimes move to recall the warrant or reschedule the hearing. The sooner you address the situation, the better your options. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can charges be dropped at the arraignment in Lexington?
Charges may be dropped at arraignment if the prosecutor declines to proceed, but this is unusual. A nolle prosequi (formal dismissal by the Commonwealth’s Attorney) can be entered, effectively ending the case. More commonly, the arraignment is where the court sets the trial schedule and the defense begins gathering evidence. If you believe there are grounds to challenge the charge, an attorney can present those issues early. Contact our firm to discuss potential defenses.
What is the difference between arraignment in General District Court and Circuit Court in Lexington?
In Lexington, misdemeanor arraignments occur in General District Court, while felony arraignments take place later in Circuit Court after indictment. For felony cases, your first appearance in GDC is often an advisement of rights or bond hearing, not a formal arraignment. The formal arraignment after indictment in Circuit Court includes entering a plea to the felony charge. Defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Will I be released or held in jail after my arraignment in Lexington?
Release depends on the bail determination made at or before your arraignment. In Lexington, a magistrate typically sets bond after arrest. For many first-offense misdemeanors, personal recognizance (release without payment) is standard. For felonies or when the defendant is considered a flight risk, secured bond may be required. The judge at arraignment can reconsider bail. Our attorneys can argue for lower bail or release on recognizance. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What should I bring to my arraignment in Lexington?
Bring your summons, any bail paperwork, and contact information for your attorney. Arrive early to locate the courtroom at 2 South Main Street, Lexington, VA 24450. Dress conservatively and be prepared to address the judge respectfully. Do not bring weapons or contraband. If you have documentation supporting your ties to the community (employment, residence, family), it may be helpful for bail arguments. For additional guidance tailored to your case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does an arraignment take in Lexington?
The arraignment itself usually takes only a few minutes per case, but you should plan to spend several hours at the courthouse. The court processes many cases in a single session, so there may be a wait before your matter is called. The actual proceeding involves the reading of the charge, advisement of rights, entry of plea, and setting of the next date. After your arraignment, you may need to meet with court personnel or your attorney. Our firm helps clients understand what to expect and prepares them for court appearances.
Can I change my plea after arraignment in Lexington?
Yes, you may be able to change your plea from not guilty to guilty or nolo contendere later, but not vice versa without court approval. A guilty plea at arraignment is final and may result in immediate sentencing. If you plead not guilty, you retain the right to negotiate with the prosecutor and potentially change your plea as part of a plea agreement. An experienced defense attorney can evaluate whether a plea change serves your interests. To discuss your case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What are the possible pleas at a criminal arraignment in Virginia?
In Virginia, the three standard pleas at arraignment are guilty, not guilty, and nolo contendere (no contest). A no contest plea means you do not admit guilt but accept the punishment; it has the same effect as a guilty plea for sentencing purposes but cannot be used against you in a civil lawsuit. A not guilty plea entitles you to a trial where the Commonwealth must prove the charge beyond a reasonable doubt. An attorney can advise you on the trusted plea given your circumstances.
Is there a difference in arraignment procedure for DUI cases in Lexington?
The procedure is similar, but DUI charges carry mandatory minimum penalties and license implications that require careful handling at arraignment. A DUI charge under Va. Code § 18.2-266 is a Class 1 misdemeanor for a first offense, but with mandatory minimum jail time if convicted of an elevated BAC or second offense. Your attorney can use the arraignment to request discovery, challenge the stop, and prepare for trial. Our firm represents individuals charged with DUI in Lexington and surrounding areas. Contact us at (888) 437-7747.
How do I find a criminal defense lawyer for an arraignment in Lexington?
Seek a lawyer with experience appearing in Lexington General District Court and familiarity with local prosecutors and judges. Ask about the attorney’s case history in the Twenty-fifth Judicial District and their approach to early intervention. Law Offices Of SRIS, P.C. has documented case results in Lexington City and serves clients from our Shenandoah Location in Woodstock. Mr. Sris and his Of Counsel handle criminal matters across Virginia. For a consultation, reach us at (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 and has practiced since 1997. 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). He works alongside a team of Of Counsel attorneys who bring extensive criminal defense experience, including a former Virginia State Trooper with firsthand knowledge of law enforcement procedures. Together, Mr. Sris and his Of Counsel have documented over 4,739 case results across all practice areas. Results may vary. Mr. Sris and his Of Counsel appear regularly in Lexington General District Court and are available to discuss your arraignment.
Explore related resources: Criminal Defense Lawyer in Lexington | DUI Defense Lawyer Lexington | Traffic Lawyer Lexington | Federal Criminal Lawyer Lexington
Outbound authority links: Virginia Code Title 18.2 ? Lexington General District Court ? Virginia Courts
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