What Happens After a Felony Arrest in Virginia (Step-By-Step Guide)
- Mario Lorello
- Mar 31
- 7 min read
Facing a felony arrest in Virginia can be terrifying, overwhelming, and confusing. Knowing what happens next helps you prepare and make informed decisions. This guide breaks down the process step by step, so you understand what to expect after a felony arrest in Virginia.
What Happens Immediately After a Felony Arrest
When law enforcement arrests someone for a felony in Virginia, the process begins right away. The arresting officers will:
Inform the person of the charges.
Take the person into custody.
Conduct a search and seize any evidence related to the crime.
Transport the person to a local jail or detention center.
At this stage, the arrested individual has the right to remain silent and request an attorney. It is critical to exercise these rights to protect oneself. Do not think you can outsmart the police. You have these rights--use them.
Booking and Initial Processing
Once at the jail, the arrested person undergoes booking. This includes:
Recording personal information such as name, date of birth, and address.
Taking fingerprints and photographs (mugshots).
Confiscating personal belongings
Booking is a routine step that officially documents the arrest. The individual remains in custody unless released on bail or bond by the magistrate. A magistrate is looking to determine whether someone is a flight risk or an unreasonable danger to the community. Unfortunately, in our experience, the magistrates in Hampton Roads and the surrounding area often deny bond in serious charges such as firearms, robbery, manslaughter, etc.--even if there is evidence that they are neither a flight risk nor a danger to the community.
Next Court Appearance: Arraignment
The next day following an arrest, an accused must be brought before a judge for an arraignment. At the arraignment, the judge formally informs the accused what he is charged with, and advises them of their right to an attorney. Many people make the mistake of trying to do a bond hearing at the arraignment, which would occur without your attorney present. Don't do this. You only have two chances to get a bond after the magistrate denies it, don't risk wasting.
In Virginia Beach, Norfolk, Chesapeake, and other Hamptons Roads cities, sometimes we are able to request a bond hearing to be heard at the arraignment itself. If we're able to do this, and we strategically think it is worthwhile, we will do so.
Bail/Bond Hearing
Once an attorney is retained or appointed, a bail hearing can be set. Bail and bond are often used interchangeably to describe the same thing, though a "bond' is technically a type of bail that results in released after the payment of money or the promise to pay money. In Virginia, a bond hearing is technically considered an appeal of the magistrate's denial of bail/bond.
Unlike before a magistrate, you have the right to an attorney at the bond hearing. It used to be that certain charges carried a "presumption against bail." This is no longer the case. Now, a defendant is presumed to be granted bail unless the Commonwealth proves, by a probable cause standard, that they are either (1) a flight risk, or (2) an unreasonable danger to the community.
Your lawyer will present evidence and argument as to why you are neither of those, and rebut any evidence presented by the Commonwealth. But, this is not the time to try the case. The goal is to secure release, and it is one of the most important goals for the attorneys at our firm.
Preliminary Hearing
The next court date is a preliminary hearing, which is where the Commonwealth presents evidence to show that there is probable cause that a crime occurred. It is usually set several months after arrest. Your attorney will receive the discovery in the case, and strategize potential defenses with you. You may read more in depth about preliminary hearings in this post.
What happens:
The prosecution presents limited evidence
Witnesses may testify
The defense can cross-examine
Possible outcomes:
Case dismissed (rare but powerful, though it can come back)
Case certified to the grand jury
Strategic importance:
This is often the first opportunity to challenge the prosecution’s case and lock in testimony.
Grand Jury
After the preliminary hearing, or if the Commonwealth decides to proceed by what is called "direct indictment," the case goes before a grand jury. A grand jury is a secret proceeding where citizens determine again whether there is probable cause to support the charges. Only the case agent--such as a detective or police officer--is present. Even the attorney for the Commonwealth is not present during deliberations, though they are available for questions. The old saying is that a grand jury would indict a ham sandwich. That is because most charges sent to the grand jury are certified as a "true bill," meaning the case proceeds forward.
Recall that the standard to arrest someone, the standard to certify the charges at a preliminary hearing, and the standard for a grand jury to indict are all the same: probable cause.
Pretrial Motions and Discovery
Before trial, both sides exchange evidence through discovery. The defense can file motions to:
Suppress illegally obtained evidence.
Dismiss charges based on lack of evidence.
Change venue if a fair trial is unlikely locally.
Pretrial motions shape how the trial proceeds and can sometimes resolve the case early. Your attorney will reivew the evidence to determine if any of your rights had potentially been violated, and will file the appropriate motions.
Trial Process
If the case goes to trial, it follows these steps:
Jury selection or bench trial (judge only).
Opening statements by prosecution and defense.
Presentation of evidence and witness testimony.
Cross-examination.
Closing arguments.
Jury deliberation and verdict.
The prosecution must prove guilt beyond a reasonable doubt. If the jury finds the accused guilty, the case moves to sentencing.
Sentencing
If an indivdiual is found guilty, the next step is sentencing. Typically, for a felony, this will occur approximately 8-12 weeks after the trial. In the meantime, probation prepares a "Presentence Report" (PSR) for the judge to review. This is a background investigation on the defendant's life and history: education, employment, family, criminal history, etc. It is important.
Sentencing depends on the felony class and circumstances. Virginia classifies felonies from Class 1 (most serious) to Class 6 (least serious). Sentences may include:
Prison time.
Fines.
Probation.
Restitution to victims.
Community service.
Your lawyer will work to acquire and present mitigating evidence if the case proceeds to sentencing.
Understanding the steps after a felony arrest in Virginia helps reduce uncertainty and prepares individuals for what lies ahead. Each stage has specific rights and procedures that affect the outcome. If you or a loved one faces a felony charge, consulting with an experienced criminal defense attorney early can make a significant difference.
If you or a loved one has been arrested for a felony, the next 48 hours matter. Bond decisions, statements, and early strategy can change the outcome of your case. Call us immediately for experienced advice.
FREQUENT ASKED QUESTIONS
Do I need a lawyer immediately?
Absolutely. Early representation can protect your rights, influence bond, and prevent missteps that harm your defense.
Should I speak to police without a lawyer?
It’s generally not advised. Anything you say can be used against you.
When is the earliest a bond hearing can be set?
Bond hearings can be set as early as the next day, but it depends on the availability of your lawyer, the prosecutor, and the court. At Zoby & Broccoletti, setting a bond hearing is of the highest importance. We will prioritze getting your case on the docket as soon as possible.
How many bond hearings does someone get?
If bond is denied in the General District Court, that decision can be appealed a new bond hearing conducted in the Circuit Court. If bond is denied there, typically someone will remain in custody unless the court reconsiders bond based on new information.
When is the preliminary hearing scheduled for?
A preliminary hearing is not scheduled until typically 2-3 months after the arraignment in Hampton Roads courts. This allows the police time to provide the prosecutor with the case file, and the prosecutor time to provide discovery to the attorney.
Can the prosecutor drop the charges?
Yes. If there are issues with the prosecutor being able to prove their case, they may decide not to proceed and the charges can be dropped. This is sometimes done at a preliminary hearing. The charges can be brought back, however. After reviewing discovery, your lawyer will attempt to show the prosecutor why their case is not as strong as they think it is.
Can the charges be reduced?
Yes. For the same reasons as above, sometimes a prosecutor will agree to reduce the charges to a misdemeanor. This would be done usually at the preliminary hearing. In Virginia Beach, Norfolk, Chesapeake, Portsmouth, and surrounding cities--this is more commonly done for non-violent offenses or if your lawyer can show serious issues with the case.
Should I request a bench or jury trial?
This is an important decision, and it comes down to how your lawyer assesses the case. If there is a potential legal defense, then a judge may be better. If there's a factual dispute, a jury may be better. This is when the experience of your lawyer with the local judges becomes crucial.
How long does a felony case take in Virginia?
Depending on complexity and court scheduling, cases can take several months to over a year or more.
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Zoby & Broccoletti has been serving the Hampton Roads community for over 40 years. Our lawyers are considered the premier, go-to defense attorneys in the region. We handle all matters of cases, so whether you are charged with a misdemeanor, DUI, firearms charges, drug charges, sexual assault, burglary, white-collar crimes, robbery, or murder, we have the experience and the skill to help. We appear in courts all over Virginia, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Franklin, Hampton, Newport News, Southampton, Northampton County, Accomack, York, Williamsburg, and beyond. Our attorneys also have vast experience in federal court.
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