An arrest is frightening, and it is easy to make mistakes when you are scared. What you say and do in the first few hours can affect your case for months. This guide covers the basics for anyone arrested in Virginia, whether in Richmond, Henrico, Chesterfield or anywhere else in the Commonwealth.
During the Arrest
Stay calm and don't resist
Even if you believe the arrest is unfair, do not argue, run or physically resist. Resisting can lead to additional charges and puts you at risk. The place to challenge an arrest is in court, with a lawyer.
Use your right to remain silent
You must give officers basic identifying information, but you do not have to answer questions about what happened. Say clearly: "I want to remain silent, and I want a lawyer." Then stop talking. Explaining your side to the police, even with good intentions, often gives the prosecution evidence it would not otherwise have.
Don't consent to searches
If officers ask to search your car, phone or home, you can say you do not consent. Do not physically interfere if they search anyway; your lawyer can challenge an unlawful search later.
After the Arrest: Bond and Your First Court Date
After an arrest, a magistrate decides whether you can be released and on what conditions. If you are held, a judge will usually review bond at an early hearing. Most adult cases then begin in General District Court with an arraignment, where the court tells you the charges and addresses whether you have a lawyer.
Misdemeanor cases are usually tried in General District Court. Felony cases typically have a preliminary hearing there before moving to Circuit Court, or they begin in Circuit Court with a grand jury indictment. Charges involving family members and juveniles are often heard in the Juvenile and Domestic Relations District Court.
What to Avoid While Your Case Is Pending
- Posting about the arrest or the people involved on social media.
- Contacting alleged victims or witnesses, especially if a bond condition or protective order prohibits it.
- Missing a court date, which can lead to a new charge and a warrant.
- Talking about the case with anyone other than your lawyer.
Why You Should Call a Lawyer Early
An attorney can help with bond, request evidence such as video before it is erased, and spot problems with the stop, search or questioning. Early involvement often means more options. Learn more about how we handle criminal defense cases in Richmond, or see the courts we work in across Henrico County and Chesterfield County.
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Talk with attorney Wendell Allen about your specific facts and options.
This article is general information about Virginia law as of its publication date, not legal advice. Reading it does not create an attorney-client relationship. Talk to a lawyer about your specific situation.
