Alleghany County Criminal Court handles all criminal cases that are filed in Alleghany County. See below for more information about criminal cases in Alleghany County.
Required Court Appearances in Alleghany County
Any required court appearances in Alleghany 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.
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.
Alleghany County Criminal Court locations
Criminal proceedings take place in the Alleghany County Criminal Courts. A list of the criminal courts are located here.
Who can help me in Alleghany County?
For general information about your case the Alleghany 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.
Alleghany County Prosecutor
For criminal cases in Alleghany County, the prosecutor will be a representative of Alleghany County. The Alleghany County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Jury Deliberation
In a jury trial in Alleghany 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 Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
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 Alleghany 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.
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.
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.
Alleghany County Arraignments
An arraignment is a court hearing. In Alleghany County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Alleghany 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 Alleghany 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.
Alleghany County Criminal Court Locations
-
Alleghany County Circuit Court – 25th Judicial Circuit
Address: 266 W Main St, PO Box 670, Covington VA 24426
Phone: 540-965-1730 Fax: 540-965-1732 -
Alleghany County General District Court – 25th Judicial District
Address: 266 W Main St, PO Box 139, Covington VA 24426
Phone: 540-965-1720 Fax: 540-965-1722 -
Alleghany County Juvenile and Domestic Relations District Court
Address: 266 W Main St, PO Box 139, Covington VA 24426
Phone: 540-965-1720 Fax: 540-965-1722 -
Alleghany County Circuit Court – 25th Judicial Circuit
Address: 266 W Main St, PO Box 670, Covington VA 24426
Phone: 540-965-1730 Fax: 540-965-1732 -
Alleghany County General District Court – 25th Judicial District
Address: 266 W Main St, PO Box 139, Covington VA 24426
Phone: 540-965-1720 Fax: 540-965-1722 -
Alleghany County Juvenile and Domestic Relations District Court
Address: 266 W Main St, PO Box 139, Covington VA 24426
Phone: 540-965-1720 Fax: 540-965-1722