What to Expect in a Virginia Courtroom: A Step-by-Step Guide for Defendants

If you’re facing criminal charges in Virginia, one of the most intimidating parts of the process can be stepping into a courtroom—especially if it’s your first time. The legal system can seem confusing and overwhelming, but knowing what to expect can ease a lot of anxiety.

Elizabeth Tuomey, a seasoned criminal defense attorney with nearly 25 years of experience, knows how stressful this process can be. Having served as both a defense attorney and a prosecutor, she brings a unique and compassionate understanding to the courtroom—particularly when it comes to individuals dealing with mental health or substance abuse issues. Her goal is always to guide clients with clarity and confidence through each stage of the legal journey.

Here’s a step-by-step overview of what you can expect if you’re a defendant in a Virginia courtroom:

1. The Arraignment (First Appearance)

Your first appearance in court is typically an arraignment, where the judge will read the charges against you, inform you of your rights, and ask whether you have (or need) legal representation. No evidence is presented at this stage.

Tip from Elizabeth: “Don’t panic—this hearing is procedural. Just focus on making sure you have the right legal representation moving forward.”

2. Bond Hearing

If you’re in custody, a bond hearing may be scheduled to determine whether you can be released while awaiting trial. The court considers several factors, including your criminal record, community ties, and whether you’re a flight risk.

3. Preliminary Hearing (For Felonies)

If you’re charged with a felony, a preliminary hearing will take place in General District Court. The Commonwealth has to show there’s probable cause that a crime was committed and that you were involved. This is not a trial—just a threshold check.

Elizabeth notes: “This is often a crucial point in the process. It’s where your defense attorney can challenge weak evidence and sometimes negotiate outcomes that avoid a full trial.”

4. Pretrial Motions and Negotiations

Before trial, there may be hearings to suppress evidence, address discovery issues, or argue other motions. Often, your attorney will be actively negotiating with the prosecutor for a possible plea agreement.

Elizabeth’s experience as a former prosecutor gives her an edge here—she knows how the other side thinks, and she uses that insight to craft effective defense strategies.

5. Trial

If your case goes to trial, it will be heard either by a judge (bench trial) or jury—you can discuss which option is better with your attorney. During the trial:

• Both sides present opening statements

• Witnesses are called and cross-examined

• Evidence is presented

• Each side gives closing arguments

• A verdict is rendered

You are not required to testify, but you have the right to do so if you and your attorney believe it’s in your best interest.

6. Sentencing

If found guilty, sentencing may happen immediately or be scheduled for a later date. Virginia has guidelines for sentencing, but the judge has discretion. This stage may also include a pre-sentence report that covers your background, mental health, criminal history, and more.

Elizabeth is particularly attentive during this stage—especially when it comes to advocating for clients with substance abuse or mental health issues. She believes strongly in alternatives to incarceration when appropriate.

7. Appeals and Post-Conviction Relief

If you believe an error occurred during your trial, you may have grounds for an appeal. Deadlines for appeals in Virginia are strict, so it’s important to act quickly.

Final Thoughts

The courtroom can be intimidating, but you’re not alone in this. With decades of experience on both sides of the aisle, Elizabeth Tuomey is committed to helping you understand the process, protect your rights, and get through the system with your dignity intact.

“I’ve seen the courtroom from every angle. My job is to help people—real people—navigate this system and come out stronger on the other side.” – Elizabeth Tuomey

If you or a loved one is facing criminal charges in Virginia, don’t wait. Contact Elizabeth today to schedule a consultation and start building your defense with someone who truly understands what’s at stake.