Halifax County Criminal Court hears all criminal cases in Halifax County. Below you will find specific information about criminal cases and how they are handled in Halifax County.
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.
Where can I get help for my Halifax 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 Halifax 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 Halifax County
In Halifax County, the prosecutor is an attorney representing Halifax County. In some cases, the prosecutor may actually represent Virginia. For the most part, the prosecutor in Halifax County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Halifax County Arraignments
An arraignment is a court hearing. In Halifax County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Halifax 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 Halifax 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.
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.
Can I request a Plea Agreement?
In Halifax 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.
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.
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.
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.
Mandatory Appearances in Halifax County Criminal Court
At a mandatory or required court appearance in Halifax 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.
Halifax County Criminal Court locations
Criminal proceedings take place in the Halifax County Criminal Courts. A list of the criminal courts are located here.
Halifax County Criminal Court Locations
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Halifax County Circuit Court – 10th Judicial Circuit
Address: 8 S Main St, PO Box 729, Halifax VA 24558
Phone: 434-476-6211 Fax: 434-476-2890 -
Halifax County General District Court – 10th Judicial District
Address: 8 S Main St, PO Box 458, Halifax VA 24558
Phone: 434-476-3385 Fax: 434-476-3387 -
Halifax County Juvenile and Domestic Relations District Court
Address: 8 S Main St, PO Box 430, Halifax VA 24558
Phone: 434-476-3388 Fax: 434-476-4067 -
Halifax County Circuit Court – 10th Judicial Circuit
Address: 8 S Main St, PO Box 729, Halifax VA 24558
Phone: 434-476-6211 Fax: 434-476-2890 -
Halifax County General District Court – 10th Judicial District
Address: 8 S Main St, PO Box 458, Halifax VA 24558
Phone: 434-476-3385 Fax: 434-476-3387 -
Halifax County Juvenile and Domestic Relations District Court
Address: 8 S Main St, PO Box 430, Halifax VA 24558
Phone: 434-476-3388 Fax: 434-476-4067