After an arrest for forceful larceny, you might be overwhelmed and confused. Before a Fairfax robbery arraignment, however, you might benefit from speaking with a knowledgeable lawyer about your legal rights.
Because an arraignment is the stage of the legal process where a defendant is expected to enter a plea, the stakes are high. By working with an experienced attorney, you could consider your options and decide how to proceed with your case.
Simply put, an arraignment is essentially when a judge advises a person of their rights. These usually take place in the court that has the original jurisdiction of a case, such as in Fairfax. If the case is heard before a court on an indictment, however, the arraignment will take place in circuit court.
Often, the judge will inquire what the person intends to do about their right to counsel, as well as whether or not they are going to seek their own attorney or instead accept a court-appointed counsel. While the judge does not make an initial bond determination during an arraignment, they may schedule a bond motion at an attorney’s request.
There are numerous factors that will usually be considered during a bond determination. For example, whether or not the accused individual should be considered a flight risk. Pursuant to Virginia Code 18.2-120, the court will determine this risk based upon a number of circumstances, including any evidence that was considered during a bond hearing—this may include the person’s ties to the local community or other communities, their ability to gather resources for travel, and their interactions in and outside the commonwealth. For example, if someone lives in Fairfax County for an extended period of time and does not have the resources or means to travel, such as not owning a passport, they are not likely to be considered a flight risk.
Another consideration for bond eligibility focuses on whether or not the defendant is a danger to the public. To make this determination, facts such as the person’s prior criminal history, as well as their known associates, will be considered. This is done as a way to consider whether the accused individual has a tendency toward violence, or whether this charge was an isolated incident. Like other elements of a case, however, these circumstances will vary on a case-by-case basis.
In the arraignment stage of the arrest process, a tenacious and hard-working lawyer could assist a defendant with understanding what they have been charged with and what they may be able to do about scheduling the next crucial steps of the legal process. This includes bond motions and a preliminary hearing, as well as the subsequent case.
Navigating each step of the legal system alone is often daunting and overwhelming, especially when a person is worried about their financial, personal, and professional livelihood. If you were charged with forceful larceny, consider reaching out to an attorney to have a valuable ally by your side. To discuss your circumstances today, call a legal professional.
Patrick Woolley Attorney At Law