Getting charged with a crime can be one of the scariest moments in a person’s life. If you or a loved one is arrested, it’s critically important to speak with an attorney who specializes in criminal offense as soon as possible. A criminal lawyer Fairfax VA may be able to help you protect the legal rights to which you’re constitutionally entitled.
What Happens After You Get Arrested?
Once you have been taken into custody by a police officer, you will be brought to a police station and entered into the system. A mug shot will be taken, and you will be fingerprinted. You will have the right to seek a lawyer to represent you at your arraignment, and in most instances, you will be given the opportunity to meet with that attorney before your hearing takes place. Your court hearing will typically take place within 48 hours of the time you were taken into custody.
Your Initial Court Hearing
At your arraignment, the charges against you and the penalties these charges carry will be explained to you. The rights to counsel and trial by jury will also be explained. You will be asked to enter a plea. If you plead “not guilty,” a trial date will be set; if you plead “guilty,” a sentencing date will be set. A plea of not guilty can be changed to a plea of guilty at a later date.
If you have pleaded not guilty, the judge will set the amount of bail you must put up in order to be released from custody pending your trial. If you are found not guilty in your subsequent trial, the Commonwealth of Virginia will return the entire amount of your bail to you.
Pre-Sentencing Reports
Judges typically rely upon pre-sentencing reports to help them determine the penalties they will impose. Pre-sentencing reports typically contain information about a defendant’s background, and they may also contain testimonials from people who know the defendant such as family members and friends. Often the judge will also take into account the experiences of the victims who were injured or whose property was damaged through the commission of the crime.