Washington County Criminal Court

Washington County Criminal Court handles all criminal cases that are filed in Washington County. See below for more information about criminal cases in Washington County.

Where can I get help for my Washington County criminal case?

The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Washington County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.

The Right to Trial by Jury

The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.

Washington County Criminal Court

Washington County Arraignments

An arraignment is a court hearing. In Washington County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Washington County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Washington County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.

Who is the prosecutor for Washington County?

Depending upon the case, the prosecutor for Washington County criminal cases will either be a representative of Washington County or a representative from Indiana. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.

Defendant Sentencing

At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.

Appealing a Criminal Conviciton

A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.

Right to an attorney

The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Washington County a public defender will be appointed by the judge if you cannot afford private representation.

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.

Washington County Required Court Appearances

In Washington County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.

What is a Plea Agreement?

A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.

Jury Deliberations in Washington County

In Washington 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.

Where will Washington County criminal case hearings take place?

Criminal cases will take place at the criminal courts of Washington County. See here for the location of the criminal courts in Washington County.