Washington, DC asked in Criminal Law for Virginia

Q: I have arraignment coming up and I will be out of state can I write letter to judge with not guilty plea in my absence?

I'm going to need a court appointment attorney but could any lawyer write it on my behalf? I had train tickets purchased before this message.

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2 Lawyer Answers
Daniel P Leavitt
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Answered
  • Criminal Law Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: In Virginia you generally would have to get the permission of the court to waive your appearance at the arraignment. You would request a court appointed attorney at the arraignment. So you may be able to reschedule the arraignment by contacting the clerk's office, but if you just send a letter and don't show up there is a good chance you will get a show cause or capias for not appearing.

Susan Fremit agrees with this answer

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

A: Call the Court clerk of the county court where you must appear to find out what the Court's pony may be. It will depend on the type of charge whether you will be able to avoid being issued a capias (bench warrant) for failing to appear on your arraignment date.

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