Grayson County Criminal Court hears all criminal cases in Grayson County. Below you will find specific information about criminal cases and how they are handled in Grayson County.
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.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Where will Grayson County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Grayson County. See here for the location of the criminal courts in Grayson County.
Sentencing in Grayson County
In Grayson 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.
Jury Deliberation
In a jury trial in Grayson 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.
Where can I get help for my Grayson 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 Grayson 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 Grayson County
In Grayson County, the prosecutor is an attorney representing Grayson County. In some cases, the prosecutor may actually represent Virginia. For the most part, the prosecutor in Grayson County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
What happens in Grayson County at an arraignment?
In Grayson County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
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.
Can I request a Plea Agreement?
In Grayson 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.
Required Court Appearances in Grayson County
Any required court appearances in Grayson 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.
Grayson County Criminal Court Locations
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Grayson County Circuit Court – 27th Judicial Circuit
Address: 129 Davis St, PO Box 130, Independence VA 24348
Phone: 276-773-2231 Fax: 276-773-3338 -
Grayson County General District Court – 27th Judicial District
Address: 129 Davis St, PO Box 280, Independence VA 24348
Phone: 276-773-2011 Fax: 276-773-3174 -
Grayson County Juvenile and Domestic Relations District Court
Address: 129 Davis St, PO Box 280, Independence VA 24348
Phone: 276-773-2011 Fax: 276-773-3174