Depending on the circumstances of your case, if you are subject to direct indictment, you may not receive notice of the indictment ahead of time- even if you have an attorney. In Virginia, direct indictments can occur without a prior arrest, and sometimes without even the person being notified that they are under investigation. Although this is rare, it still does happen and you may find an officer at your home or place of business with a bench warrant for your arrest based upon an indictment.
When this happens, it is important to contact an experienced criminal defense attorney right away. The attorney can explain the legal processes and tell you what you need to know going forward. However, if you are subject to an indictment that you are aware of, you may arrange with local authorities, depending on local practices, to turn yourself in at that time. It is generally in your best interest to surrender yourself as soon as possible after an indictment so that there is the least amount of inconvenience.
You can also use cooperation with the indictment process in the service of the indictment to your advantage when the magistrate is considering what sort of bond is appropriate in your case. If you are being arrested on a warrant, it is usually best to follow the officers directions and to be polite and cooperative. Your attorney will be able to sort out any legal ramifications of a faulty arrest before court.
