Brunswick County Criminal Court

Brunswick County Criminal Court hears all criminal cases in Brunswick County. Below you will find specific information about criminal cases and how they are handled in Brunswick County.

Brunswick County Prosecutor

For criminal cases in Brunswick County, the prosecutor will be a representative of Brunswick County. The Brunswick 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.

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.

Brunswick County Criminal Court

Brunswick County Criminal Court

If guilty, who sentences the defendant?

If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.

Arraignments in Brunswick County

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

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 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.

Where can I get help for my Brunswick 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 Brunswick 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.

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

Required Court Appearances in Brunswick County

Any required court appearances in Brunswick 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.

What is Jury Deliberation?

After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.

Brunswick County Criminal Court hearings

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

Can I request a Plea Agreement?

In Brunswick 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.

Brunswick County Criminal Court Locations

  • Brunswick County Circuit Court – 6th Judicial Circuit

    Address: 216 N Main St, Lawrenceville VA 23868
    Phone: 434-848-2215 Fax: 434-848-4307

  • Brunswick County General District Court – 6th Judicial District

    Address: 202 N Main St, Lawrenceville VA 23868
    Phone: 434-848-2315 Fax: 434-848-2550

  • Brunswick County Juvenile and Domestic Relations District Court

    Address: 202 N Main St, Lawrenceville VA 23868
    Phone: 434-848-2315 Fax: 434-848-2550

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