Volusia County Criminal Court handles all criminal cases that are filed in Volusia County. See below for more information about criminal cases in Volusia County.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Volusia County Criminal Court
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
I need help for my Volusia County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Volusia County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Volusia County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Arraignments in Volusia County
During an arraignment in Volusia County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Volusia County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Volusia County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Sentencing in Volusia County
In Volusia County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Required Court Appearances in Volusia County
Any required court appearances in Volusia County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Jury Deliberations in Volusia County
In Volusia County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Prosecutor in Volusia County
In Volusia County, the prosecutor is an attorney representing Volusia County. In some cases, the prosecutor may actually represent Florida. For the most part, the prosecutor in Volusia County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Volusia County Criminal Court hearings
Criminal hearings in Volusia County will take place at the Volusia County Criminal Courts. Please see here for a list of the Volusia County Criminal Court Locations.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Volusia County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Volusia County Criminal Court Locations
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Circuit Court of Volusia County
Address: 101 North Alabama Avenue, PO Box 6043, DeLand, FL 32721
Phone: 386-736-5915 Fax: 386-822-5711 -
Volusia County Circuit Court
Address: 124 North Riverside Drive, New Smyrna Beach, FL 32168
Phone: 386-423-3300 Fax: 386-423-3348 -
Volusia County Circuit Court
Address: 251 North Ridgewood Avenue, Daytona Beach, FL 32114
Phone: 386-239-7750 Fax: 386-239-7752 -
Volusia County Circuit Court
Address: 125 East Orange Avenue, Daytona Beach, FL 32114
Phone: 386-257-6000 Fax: 386-257-6039 -
County Court of Volusia County
Address: 124 North Riverside Drive, New Smyrna Beach, FL 32168
Phone: 386-423-3300 Fax: 386-423-3348 -
County Court of Volusia County
Address: 125 East Orange Avenue, Daytona Beach, FL 32114
Phone: 386-257-6000 Fax: 386-257-6039 -
County Court of Volusia County
Address: 101 North Alabama Avenue, PO Box 6043, DeLand, FL 32721
Phone: 386-736-5915 Fax: 386-822-5711