At an arraignment in Virginia, a judge reads the criminal charge against you in open court, informs you of your right to a lawyer, and asks you to enter a plea if the charge is a misdemeanor. If you are in custody, the court also addresses bail. The hearing is short, no evidence is presented, and under Virginia Code § 19.2-254 it consists of two formal steps: reading the charge and calling on you to respond.1Virginia Code Commission. Virginia Code 19.2-254 – Arraignment; Pleas; When Court May Refuse to Accept Plea; Rejection of Plea Agreement; Recusal For anyone held in jail, it typically happens on the next court day after arrest. If you were released on a summons, the date is printed on the paperwork the officer handed you.
What the Judge Does at the Hearing
The judge opens by reading the charge. From there, the hearing focuses on four things: making sure you understand what you are accused of, addressing your right to counsel, taking your plea in misdemeanor cases, and reviewing bail conditions if you are in custody. For defendants held in jail, the court looks back at the bail determination made by the magistrate who processed the arrest and decides whether to keep, change, or add to those conditions.2Office of the Executive Secretary, Supreme Court of Virginia. Juvenile and Domestic Relations District Court Manual – Adult Criminal Case Procedures No witnesses testify. No evidence is weighed. The arraignment is procedural, and most are over in minutes.
Felony Versus Misdemeanor Arraignments
The single most important thing to know before you walk in is whether you are charged with a felony or a misdemeanor, because the hearing works differently depending on the answer.
In a misdemeanor case, the judge asks for your plea at the arraignment. If you plead not guilty, the court sets a trial date in general district court. If you plead guilty or no contest, sentencing may follow immediately or be scheduled for a later date.
In a felony case, you are not asked to plead at the arraignment. Instead, the court schedules a preliminary hearing, where a judge will later decide whether probable cause supports the charges. Virginia law also bars felony defendants from being called upon to plead at that preliminary hearing.3Virginia Code Commission. Virginia Code 19.2-183 – Examination of Witnesses; Assistance of Counsel; Evidentiary Matters and Remedies; Power to Adjourn Case A plea in a felony case comes later, in circuit court, after a grand jury indictment.
Your Right to a Lawyer
If you appear without an attorney, the judge must inform you of your right to counsel before anything else moves forward. This applies to any charge that could result in jail time.4Virginia Code Commission. Virginia Code 19.2-157 – Duty of Court When Accused Appears Without Counsel Expect the judge to ask whether you have already hired a lawyer, plan to hire one, or need help affording one. You are entitled to a reasonable opportunity to find an attorney before the case proceeds.
If you cannot afford a lawyer, the court evaluates whether you qualify for a court-appointed attorney. Under § 19.2-159, the judge determines this through oral questioning about your finances, looking at income, assets, and unusual expenses. You will also sign a sworn statement of indigency, which stays on file for the duration of the case.5Virginia Code Commission. Virginia Code 19.2-159.1 – Interrogation by Court; Filing; Change in Circumstances False statements on that form carry their own penalties. If you clearly qualify, the judge appoints counsel on the spot. If you fall in a gray area, the Commonwealth’s Attorney may investigate your finances and report back within 14 days.
If You Want To Represent Yourself
You have a constitutional right to represent yourself, but the court will not let you make that choice blindly. Under Faretta v. California, a judge must confirm that your waiver of counsel is knowing, intelligent, and voluntary. Expect pointed questioning about the charges, the maximum penalties you face, and whether you understand that the court will hold you to the same rules as a licensed attorney and will not give you legal advice. Judges typically say out loud, before allowing it, that self-representation in a felony case is a bad idea.
Entering a Plea in a Misdemeanor Case
At a misdemeanor arraignment, you choose from three pleas.
Not guilty. The court sets a trial date. This is the plea to enter if you want to contest the charge, or if you simply need time to talk with a lawyer before deciding anything.
Guilty. You admit the offense. Sentencing may happen the same day or later.
No contest (nolo contendere). You do not admit guilt but agree the prosecution has enough evidence to convict. For sentencing purposes, a no-contest plea is treated the same as a guilty plea.6Virginia Department of Criminal Justice Services. I Plead No Contest (Nolo Contendere). Is That Considered a Conviction? An Alford plea, where you maintain your innocence while acknowledging the evidence against you, is also treated as a guilty plea for conviction purposes.
Bail If You Are In Custody
When you are in jail at the time of arraignment, the hearing also includes a bail determination. Under Virginia Code § 19.2-120, the default is that you should be released. A judge can deny bail only when there is probable cause to believe you will not appear for trial or that releasing you would pose an unreasonable danger to yourself, your household, or the public.7Virginia Code Commission. Virginia Code 19.2-120 – Admission to Bail
To make that call, the judge weighs factors listed in § 19.2-121:
- The nature of the offense, the circumstances, and the strength of the evidence
- Whether a firearm was allegedly used
- Your financial resources and ability to post bond
- Your community ties: family, employment, education, how long you have lived in the area
- Your criminal history and whether you have missed court before
- Whether you are likely to intimidate witnesses, jurors, or victims
- Any evidence that you are pregnant, recently gave birth, or are nursing
The judge is not limited to this list and must consider every factor relevant to your case.8Virginia Code Commission. Virginia Code 19.2-121 – Factors to Be Considered in Fixing Terms of Bail
How Release Can Be Structured
Virginia judges have several ways to release you. A recognizance release means you sign a written promise to appear and post nothing.9Virginia Code Commission. Virginia Code 19.2-119 – Definitions An unsecured bond sets an amount you will owe if you fail to appear, but nothing is collected up front. A secured bond requires you to post money or property before you leave custody, either through a bail bondsman (who charges a nonrefundable premium, typically 10 to 15 percent of the bond amount) or by depositing cash directly with the court.
Conditions That Come With Release
Release almost always carries conditions. Under § 19.2-123, a judge can order any combination of:
- Supervision by a pretrial services agency or a designated person
- Travel and contact restrictions, including no-contact orders with alleged victims or witnesses
- Curfew requirements, continued employment, or school attendance
- Substance abuse rules: no illegal drugs, no excessive alcohol, random testing
- A ban on possessing any firearm or dangerous weapon
- Home electronic incarceration or GPS monitoring, with the defendant paying for the device
Violating any condition gives a pretrial services officer grounds to seek a capias and bring you back to jail.10Virginia Code Commission. Virginia Code 19.2-152.4:3 – Duties and Responsibilities of Local Pretrial Services Officers
Can You Skip the Arraignment?
Sometimes. Virginia law allows felony defendants to waive arraignment entirely, and misdemeanor defendants can waive it through an attorney.11Virginia Code Commission. Virginia Code 19.2-254 – Arraignment; Pleas; When Court May Refuse to Accept Plea Traffic infractions and certain prepayable offenses can be resolved with a written appearance that waives the hearing altogether.12Virginia Code Commission. Virginia Code 19.2-254.1 – Procedure in Traffic Infraction Cases Waiver is common in felony cases where you already have a lawyer who has gone over the charges with you. If you are in custody and need a bail hearing, though, waiving the arraignment is not realistic.
If You Do Not Show Up
Missing your arraignment triggers two separate consequences. First, the court can forfeit any bail you posted, unless someone shows good cause for the absence. Second, failure to appear is a standalone criminal offense. If the underlying charge is a felony, skipping court is a Class 6 felony carrying up to five years in prison. If the underlying charge is a misdemeanor, skipping court is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine.13Virginia Code Commission. Virginia Code 19.2-128 – Penalties for Failure to Appear Not showing up can double the charges against you.
What Comes After
The road from the arraignment depends on the charge.
Misdemeanor cases stay in general district court. If you pleaded not guilty, the court sets a trial date. A conviction can be appealed to circuit court, where you get a brand-new trial.
Felony cases take longer. The general district court schedules a preliminary hearing to decide whether probable cause supports the charge. There is no statutory deadline for scheduling it, so timing varies by jurisdiction. If the judge finds probable cause, the case moves to circuit court for grand jury indictment, and a new arraignment may follow. Virginia’s speedy trial rules then apply: if you remain in custody, trial must begin within five months of the probable cause finding; if you are out on bail, within nine months.14Virginia Code Commission. Virginia Code 19.2-254 – Arraignment; Pleas; When Court May Refuse to Accept Plea Missing those deadlines can result in dismissal.
The arraignment itself is brief, but the decisions you make at it, especially about counsel and plea, shape everything that follows. If there is any chance of jail time, get a lawyer involved before you say anything on the record.