Virginia law requires arraignment to be conducted in open court, where the accused is informed of the charges and asked to plead. The law specifies acceptable pleas, procedures for plea agreements, and mandates recusal of the judge if a plea agreement is rejected. Certain waivers of arraignment are permitted in misdemeanor and felony cases.
During arraignment, the court reads the charges to the accused, and they are asked to plead guilty, not guilty, or nolo contendere. It is conducted in open court unless waived.
Yes, the court may refuse to accept a guilty plea to a lesser included offense, but it must accept pleas of nolo contendere in misdemeanor and felony cases.
A conditional plea allows the defendant to plead guilty while reserving the right to appeal certain pretrial issues. It is permitted with court approval in Virginia.
If a judge rejects a plea agreement, they must recuse themselves from further proceedings on that case unless the parties agree otherwise.