WHAT TO DO IF YOU HAVE BEEN ARRESTED
If you can make a bond (money to secure your release), then you will be released from jail, but only if you have no other holds. (A hold is a detainer placed on you by another governmental agency which requires you be held pending clearance of the hold. If you cannot make a bond (or do not qualify for pretrial release), then you will remain in jail while your case is pending or until your attorney can present a bond motion to the Court.

IF YOU ARE FREE ON BOND
In many courts if you have been able to make a bond, then you will be expected to hire an attorney to represent you. After your release, some jurisdictions will require you to attend an arraignment hearing. At the arraignment, the Judge will inform you of your right to have an attorney, the nature of your charge/s and the possible punishment you could receive if found guilty. The Judge will then set your case for a trial if you are charged with a misdemeanor or a preliminary hearing if you are charged with a felony.

WHAT IS A PRELIMINARY HEARING?
A preliminary hearing in Virginia is a hearing that is held in the General District Court when a person is accused of a felony. The preliminary hearing determines whether probable cause exists for bringing the defendant to trial. This hearing consists of witness testimony and presentation of evidence. The defendant has the opportunity to challenge the evidence presented by the prosecution through cross examination of the prosecution's witnesses, and through the calling of their own witnesses and presentation of evidence

WHAT ARE THE DIFFERENT LEVELS OF OFFENSES?
In Virginia, criminal offenses are prosecuted as either misdemeanors or felonies. Misdemeanors range from Class 4 misdemeanors up to the highest misdemeanor which is a Class 1 misdemeanor. Likewise, felonies range from Class 6 to Class 1 felonies. The possible ranges of punishment are as follows:

The authorized punishments for conviction of a misdemeanor are:

  1. For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
  2. For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
  3. For Class 3 misdemeanors, a fine of not more than $500.
  4. For Class 4 misdemeanors, a fine of not more than $250.

The authorized punishments for conviction of a felony are:

  1. For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
  2. For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
  3. For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
  4. For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
  5. For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
  6. For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

WHAT HAPPENS WHEN I GO TO COURT?
On your court date, you should go directly to the court. Each court posts a docket sheet which lists the name of each defendant who has a court hearing on that day, the name of their attorney and the type of setting (arraignment, plea, trial). You must be in court on the day and time instructed or the court may forfeit your bond and issue a warrant for your arrest. (Bond forfeiture means that you lose the money that you have posted as a guaranty to the court that you would appear on the setting date.)

HOW MUCH WILL MY LEGAL DEFENSE COST?
One of the first questions most clients have when facing criminal charges is how much their defense will cost. Of course, the answer depends on the circumstances of your case and the quality of the defense team. Usually, an attorney will be able to quote you a fee after an initial consultation to discuss your situation.

IN A DOMESTIC VIOLENCE CASE, CAN AN INJURED SPOUSE "DROP" THE CHARGES?
No. It is up to the prosecution whether to drop charges. In a domestic violence situation, it is the Commonwealth of Virginia against the offending party and they decide how the charges will be dealt with. Of course, an experienced defense attorney can impact how a particular case will be handled.