Yancey County Criminal Court

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

Jury Deliberation

In a jury trial in Yancey 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.

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.

Yancey County Criminal Court

Yancey County Criminal Court

Arraignments in Yancey County

During an arraignment in Yancey 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 Yancey 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 Yancey County the defendant may be sentenced at that time or the sentencing may take place at a later date.

Who can help me in Yancey County?

For general information about your case the Yancey County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.

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.

Mandatory Appearances in Yancey County Criminal Court

At a mandatory or required court appearance in Yancey County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.

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 Yancey County a public defender will be appointed by the judge if you cannot afford private representation.

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.

Can I request a Plea Agreement?

In Yancey County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.

Prosecutor in Yancey County

In Yancey County, the prosecutor is an attorney representing Yancey County. In some cases, the prosecutor may actually represent North Carolina. For the most part, the prosecutor in Yancey County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.

Yancey County Criminal Court hearings

Criminal hearings in Yancey County will take place at the Yancey County Criminal Courts. Please see here for a list of the Yancey County Criminal Court Locations.

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.

Yancey County Criminal Court Locations

  • Yancey County Superior Court

    Address: 110 Towne Square, Room 5, Burnville NC 28714
    Phone: 828-682-5700 Fax: 828-682-5701

  • Yancey County District Court

    Address: 110 Towne Square, Room 5, Burnville NC 28714
    Phone: 828-682-5700 Fax: 828-682-5701

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