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Things to Look for When Selecting a Malicious Wounding Attorney: Part 2 - The Arrest and Arraignment

Arrests for malicious wounding may be made at the scene by the officer investigating the case, by grand jury indictment, or by the victim of the crime -- or someone else -- swearing out a warrant before a magistrate.

Even when the police fail to make an arrest, the victim can, on his own, try to convince a magistrate to issue a warrant of arrest, which the police will later act on to take the accused into custody.

Once the police are involved the accused will be questioned about the case, "to get your side of the story." If the accused chooses to talk to the police, anything he tells them that may implicate his guilt can and will be used against him if charges are pressed, although statements he may make to them tending not to prove his guilt, cannot be offered by the officer who testifies in court.

Therefore, especially if the accused has sustained an injury himself, or is excited or nervous, it may be prudent to wait to talk to the police until he has had time to confer with an attorney.

If the accused has never been arrested before, he or she will be in for their first real shock: they will likely have to spend some time in jail. In almost all cases when a person is charged with malicious wounding and is brought to a magistrate by the arresting officer, bail will be denied. This is because magistrates feel uncomforatble in setting bail on such a serious charge, and will prefer to let the decision be made by a judge at the arraignment -- when the charges are read to him and his right to have an attorney is explained -- to determine whether -- and in what amount and circumstances -- bail is appropriate.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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