A Fairfax criminal lawyer discusses what happens following an arrest for a criminal offense. To learn more call today and schedule a free consultation.
If they are arrested for a crime by the police in Fairfax County, then they will be taken to the magistrate at the Fairfax County Adult Detention Center. The police officer will then petition for a warrant or multiple warrants depending on what the allegations are and those warrants would be the charges against the person. The magistrate will then determine whether or not a bond is necessary, meaning whether or not the person can then be released back into the community pending their court date. That process that could take hours or it could be overnight sometimes.
If the person is denied bail or given a very high amount that they can’t automatically post to be released, then the person will be advised again by a judge the next morning of the charges. They will be given a court date and then they will be advised or asked whether they want to apply for a court-appointed attorney or whether they are going to hire their own.
Once that person obtains counsel, the attorney can then file what is called a bond motion to ask the court to either grant a bond meaning give the person the opportunity to post certain amounts of money to be released pending their trial date or their preliminary hearing date. If the bail amount is too high, then they can ask the court to reduce it for the same reason.
If it is a misdemeanor, then there will be a trial date and the trial will be heard in the General District Court probably within thirty to sixty days. If it is a felony, then the preliminary hearing date will be set and it will also be heard in the General District Court.
Yes. You are arrested and brought before a magistrate and that is when you are formally charged.
After the charges are filed, the magistrate will determine whether or not a bond is appropriate and if the person is able to post the bond amount, then they will be released pending their trial date or the preliminary hearing date.
If a person cannot make the bond amount or the magistrate refused to set a bond, then that person needs to retain counsel so that the attorney can then file a motion to allow a bond to be set or reduced so that they can get it posted and be released.
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