Being placed under arrest can be a frightening and intimidating process especially if you are unfamiliar with what to expect. With this in mind, the following is what you should know according to a Leesburg criminal defense attorney regarding the arrest process and when you can expect charges against you to be filed. For more specific information on the specifics of your case, call and schedule a consultation today.
If you are placed under arrest, you should expect to be handcuffed and likely have the handcuffs placed behind your back where they will likely be tight and not feel very good. After this you should next expect that either one of two things will happen. Either you will be arrested briefly and released with a Virginia Uniform Summons, which will give you a court date. Or alternatively, you may be taken to the Loudoun County Adult Detention Center on Sycolin Road in Leesburg, Virginia, at which point, you will be either held, taken before the magistrate, or both.
You are typically arrested for an offense and later receive the charging documents from the magistrate, however it depends on the type of case. In the case of a traffic infraction or a misdemeanor offense, you are technically arrested as you are receiving the Uniform Summons which is most common for certain crimes including petit larceny and possession of marijuana.
On the other hand, if you are arrested for a more serious offense, you may be formally issued the charge at the time of your arrest but then charged with additional offenses once you reach the magistrate’s office. This often occurs in serious felony charges or charges that involve multiple charges or multiple offense scenarios. The arrest may occur for example for one charge and there maybe additional charges that will be added when the officer reads the facts and circumstances of your case to the magistrate.
After you are arrested and taken before the magistrate, the magistrate will make an initial decision on the bond, at which point, you will be administered the bond either in a secured or unsecured fashion or you will be held in custody for further proceedings.
After charges are filed against you in Leesburg, you should expect that you will receive the court date in the Loudoun County General District Court, unless the case involves a minor or a family member, in which case your case will originate in the Loudoun County Juvenile General District Court.
You should expect that within a week to 10 days after receiving your charges you will have an arraignment in the Loudoun County General District Court. This arraignment will occur around 11.15 am. At the arraignment you will not be asked to enter a plea as the court will simply enquire as to whether or not you will hire a private attorney or seek the court’s approval for court appointed counsel. After which you will be given a new court date.
In case of a misdemeanor you may simply be given a first date also known as the First Return. This First Return may be after a month, 6 weeks or even longer after the date of your arrest. For misdemeanor offense in Loudoun County that first date is for the arraignment.
Northern Virginia Criminal Defense Group