In order to accurately prepare for your criminal case it is important you know what to expect once you are arrested. With this in mind, the following is arrest information and when you will likely be able to contact an attorney. For more information call and schedule a consultation with a Loudoun County criminal lawyer today.
If you are charged with a criminal offense, there are certain things you can expect to take place after you are arrested. You will first be put in handcuffs for your safety and the officer’s safety, at which point you will be transported to the Loudoun County Adult Detention Center, which is located on Loudoun Center Parkway near Sycolin Road and the Leesburg Airport. You may also be taken to a town police station or a local police substation, depending on the area of the county that you are placed under arrest.
After you are placed under arrest you, will likely be given your Miranda rights. You should expect that the officer may ask you to waive those rights and answer additional questions, however, you may feel free to exercise your rights and refuse to answer questions.
After you are arrested, you will be taken before the magistrate—either by video or in person. The arresting officer will state the facts to the magistrate; this is typically known as the criminal complaint. The magistrate will then sign the warrant of arrest and make an initial bond determination.
The initial bond determination depends on a number of factors allowed under the Virginia Code Section 19.2-120, including the severity of the offense, connections to the local community, criminal history, history on bond, and any other unique factors related to your case.
You are typically charged after the arrest takes place. The arrest entails the loss of your liberty for the purpose of determining what to charge you with. If you are being arrested for a misdemeanor offense, you will actually be orally read the charge at the time of your arrest by the officer.
The officer will then make a formal presentment of that charge to the magistrate who will sign the arrest warrant. If it is a felony offense, the magistrate will issue an arrest warrant for a felony offense.
In either event, your next step is that you will likely have an arraignment, alternatively known as advisement, date in the Loudoun County General District Court. The Loudoun County General District Court is located at 18 East Market Street in Leesburg, Virginia.
At this time, the judge will read the charge to you and inquire about your right to counsel. They want to know whether you are planning to hire your own attorney or consider a court-appointed counsel.
You will be typically not be allowed to make a phone call when you are taken in the officer’s custody during the actual arrest itself. However, after the arrest process is complete and your property is returned to you, you can contact an attorney right away. If you are detained and not under the influence of drugs or alcohol, you will be given a call at the Loudoun ADC.
In general, it is a good idea to consult with an attorney as soon as you get the chance in order to ensure that you don’t say anything that could end up hurting your case and so that your lawyer can begin building your defense as soon as possible.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.