Wayne County Criminal Court handles all criminal cases that are filed in Wayne County. See below for more information about criminal cases in Wayne County.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Wayne County Criminal Court hearings
Criminal hearings in Wayne County will take place at the Wayne County Criminal Courts. Please see here for a list of the Wayne County Criminal Court Locations.
Wayne County Criminal Court
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.
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.
Required Court Appearances in Wayne County
Any required court appearances in Wayne 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.
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 Wayne 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.
Arraignments in Wayne County
During an arraignment in Wayne 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 Wayne 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 Wayne County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
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.
Where can I get help for my Wayne 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 Wayne 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.
Prosecutor in Wayne County
In Wayne County, the prosecutor is an attorney representing Wayne County. In some cases, the prosecutor may actually represent Indiana. For the most part, the prosecutor in Wayne County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Jury Deliberation
In a jury trial in Wayne County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
Wayne County Criminal Court Locations
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Wayne County Circuit Court
Address: 301 E Main St, Richmond IN 47374
Phone: 765-973-9220 Fax: 765-973-9490 -
Wayne County Superior Court No. 1
Address: 301 E Main St, Richmond IN 47374
Phone: 765-973-9220 Fax: 765-973-9490 -
Wayne County Superior Court No. 2
Address: 301 E Main St, Richmond IN 47374
Phone: 765-973-9220 Fax: 765-973-9490 -
Wayne County Superior Court No. 3
Address: 301 E Main St, Richmond IN 47374
Phone: 765-973-9220 Fax: 765-973-9490 -
Hagerstown Town Court
Address: 49 E College St, Hagerstown IN 47346
Phone: 765-489-6219 Fax: 765-489-5100