Buchanan County Criminal Court

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

Who can help me in Buchanan County?

For general information about your case the Buchanan 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.

Jury by Trial Right

The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.

Buchanan County Criminal Court

Buchanan County Criminal Court

Prosecutor in Buchanan County

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

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.

Mandatory Appearances in Buchanan County Criminal Court

At a mandatory or required court appearance in Buchanan 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.

Where will Buchanan County criminal case hearings take place?

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

Arraignments in Buchanan County

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

Sentencing in Buchanan County

In Buchanan County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different 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.

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.

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

Jury Deliberation

In a jury trial in Buchanan 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.

Buchanan County Criminal Court Locations

  • Buchanan County Circuit Court – 29th Judicial Circuit

    Address: 1012 Walnut St, PO Box 929, Grundy VA 24614
    Phone: 276-935-6567

  • Buchanan County General District Court – 29th Judicial District

    Address: 1012 Walnut St, PO Box 654, Grundy VA 24614
    Phone: 276-935-6526 Fax: 276-935-5479

  • Buchanan County Juvenile and Domestic Relations District Court

    Address: 1012 Walnut St, PO Box 654, Grundy VA 24614
    Phone: 276-935-6526 Fax: 276-935-5479

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