Portsmouth, VA asked in Criminal Law and Domestic Violence for Virginia

Q: I was arrested for a misdemeanor domestic violence assault.

I was arrested for a domestic violence assault charge. We were both highly intoxicated she kept changing her stories to police and had no injuries. I was arrested and taken to the magistrate and released on a summons. My question is will I go to jail or have to have a bond on my first court date?

2 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: You already have bond; that’s what released on a summons means. At your next court hearing you will be asked if you will be hiring your own attorney or not and a trial date will be set.

Shemeka C Hankins
Shemeka C Hankins
Answered
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: I agree with Ms. Fremit. You should find out from the court whether your next court date is a trial date or an arraignment. While you can probably get the same thing accomplished on both dates, its better to go in knowing what to expect. An arraignment is where they will advise you about what your charge is an, ask you how you plan to proceed in regard to counsel, and set your trial date. You have the choice to have court appointed counsel if your income qualifies, to hire your own attorney, or to waive your right to an attorney. You will need to tell the court your decision. These charges are serious and I do not advise going in without an attorney. If its your trial date, you can ask the court for a lawyer and they will still try to decide if you qualify for court appointed or must retain your own. Many lawyers in the local area offer free consultations and can help you determine what the potential outcomes will be. Good luck!

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