What to Do If You’ve Been Arrested in Virginia

The first hours after an arrest matter. Here is what to do — and what not to do — to protect your rights and your options.

FirstPoint Law Group · October 1, 2026 · 5 min read

An arrest is frightening and disorienting, and it often happens without warning. What you say and do in the first hours can affect your case for months to come. Here is a calm, practical guide to protecting yourself.

1. Stay Calm and Be Respectful

Do not resist, argue, or try to talk your way out of the situation. Even if you believe the arrest is a mistake, the roadside or the station is not the place to prove it. Being polite and cooperative with the physical process protects your safety and your case.

2. Use Your Right to Remain Silent

You have the right to remain silent. Use it. You can say something simple, like:

“I’m going to remain silent, and I would like to speak with a lawyer.”

Give basic identifying information if asked, but do not discuss what happened, explain, or guess. Statements made “just to clear things up” are among the most common problems defense attorneys see.

3. Ask for a Lawyer — and Then Stop Talking

Once you ask for a lawyer, questioning about the incident should stop. Don’t restart the conversation yourself. Be careful on jail phone calls as well; they are generally recorded.

Police may search in some situations without your permission, but you are not required to consent. You can say, calmly, “I do not consent to a search.” Do not physically resist.

What Happens Next

The Magistrate and Bond

After an arrest in Virginia, you will typically be brought before a magistrate, who reviews the charge and decides whether you can be released before trial and on what terms — for example, on your own recognizance or with a secured bond. If bond is denied or set too high, an attorney can ask a judge to review it at a bond hearing.

Arraignment

At arraignment, you are formally advised of the charges and of your right to an attorney. This is also when the court addresses how you will be represented.

Misdemeanors vs. Felonies

Misdemeanors in Virginia are generally tried in the General District Court. Felony cases usually begin with a preliminary hearing in the General District Court, where a judge decides whether there is enough evidence for the case to go forward to the Circuit Court.

Think Beyond the Courtroom

A criminal charge can affect much more than the case itself:

Employment and professional licenses
Immigration status for non-citizens
Security clearances, which many Northern Virginia jobs depend on

These consequences should shape your defense strategy from the start.

How First Point Law Group Can Help

Our criminal defense attorneys have decades of combined experience in Virginia, Maryland, and the District of Columbia, and handle cases from arraignment and bond hearings through trial and sentencing. The sooner we review your case, the more options you may have. Learn more about our criminal defense services or call (703) 385-6868 for a free consultation.

This article is general information, not legal advice. If you have been arrested, speak with an attorney about your specific situation.