What Happens When a Minor Is Arrested in Virginia?

 Posted on September 12, 2026 in Juvenile Crimes

In Virginia, most minors who are accused of crimes go through the juvenile justice system rather than the adult criminal system. Typically, the process involves being released to a parent or staying in juvenile detention until a hearing.

What happens next will be based in part on the charge and whether there is a legal reason to keep the child in custody. If your child has been arrested in 2026, our Virginia Beach, VA juvenile defense lawyer can explain how and when you can challenge the charges.

Will the Police Call Me if My Child Is Arrested in Virginia?

Virginia law requires police to notify a parent or guardian after taking a minor into custody. Under Virginia Code § 16.1-247, the notice must explain what action was taken and why the child was taken into custody.

There are also rules for questioning a child who has been arrested. Police generally must notify a parent or guardian before a custodial interrogation and allow the child to have contact with that person. The law provides some exceptions, including when the parent is suspected of taking part in the alleged crime.

For example, if a teenager is arrested after an alleged fight at school, police can’t question the child in custody without first following Virginia's rules for parental notice and contact.

Will My Child Have to Stay in Juvenile Detention in Virginia?

An arrest does not automatically mean a child will stay in juvenile detention. Virginia law calls for a minor to be released to a parent, guardian, or another suitable person unless there is a legal reason to keep the child in custody.

According to Virginia Code § 16.1-248.1, detention is allowed in specific situations. This may include detaining a child when there is probable cause for the alleged offense and releasing the child would create a clear and substantial threat of serious harm.

When a child remains in custody, the court must hold a detention hearing quickly. The hearing generally takes place on the next day the court sits in the city or county where the charge is pending. If the court does not sit there the following day, the hearing generally must take place within 72 hours. If that period ends on a Saturday, Sunday, or legal holiday, the deadline is extended to the next day that is not one of those days.

What Happens After a Juvenile Arrest in Virginia?

After the arrest, the case can go through the juvenile court intake process. An intake officer reviews the complaint and determines how it should move forward under Virginia law.

Not every complaint follows the same path. An intake officer may file a petition that brings the allegations before the juvenile court. In some cases, the child may qualify for diversion instead, which can allow the complaint to be handled without going through the full court process.

Diversion allows some minors to address a complaint without going through the full court process. Under Virginia Code § 16.1-260, an intake officer can handle certain complaints informally. A diversion plan might require the child to perform community service or pay restitution for a loss.

More serious offenses are treated differently. For example, violent juvenile felonies are not eligible for informal diversion under this law.

Does a Minor in Virginia Get a Lawyer After an Arrest?

Children accused of delinquent acts have the right to legal representation. If a child remains in custody for a detention hearing, Virginia law requires the court to appoint an attorney unless the family has already hired one who appears for the child.

The lawyer represents the child, not the parent. A juvenile defense lawyer will review the charge and the evidence supporting it. The lawyer will also represent the child at hearings and determine whether there are options for resolving the case outside the normal court process.

What Should a Parent Do After Their Child Is Arrested in Virginia?

Parents should find out where their child is being held and when the next hearing will take place. Keep any paperwork from the police or court so that you have the case information available.

Parents should also be careful about asking their child to explain the alleged offense in detail. Statements a child makes after an arrest can become important later in the case. A juvenile defense lawyer can explain the child's rights before the family makes decisions about how to proceed.

Contact a Virginia Beach, VA Juvenile Defense Lawyer

A juvenile charge can have serious consequences for a young person. Parents often have questions about whether their child will come home and what will happen when the case reaches court.

Attorney Vincent Castellano is a former public defender who works directly with clients and their families. He offers 24/7 legal services at good value and understands the local criminal court system. For a free consultation, contact a Norfolk, VA juvenile defense attorney at Castellano Law Firm PLLC or call 757-724-0073.