Newport News Criminal Court handles all criminal cases that are filed in Newport News. See below for more information about criminal cases in Newport News.
Mandatory Appearances in Newport News Criminal Court
At a mandatory or required court appearance in Newport News, 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.
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.
Where can I get help for my Newport News 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 Newport News 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.
Newport News Prosecutor
For criminal cases in Newport News, the prosecutor will be a representative of Newport News. The Newport News 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.
Arraignments in Newport News
During an arraignment in Newport News, 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 Newport News, 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 Newport News the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Where will Newport News criminal case hearings take place?
Criminal cases will take place at the criminal courts of Newport News. See here for the location of the criminal courts in Newport News.
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.
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.
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.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Can I request a Plea Agreement?
In Newport News 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.
Newport News Criminal Court Locations
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City of Newport News Circuit Court – 7th Judicial Circuit
Address: 2500 Washington Ave, Newport News VA 23607
Phone: 757-926-8561 -
City of Newport News General District Court – 7th Judicial District (Civil)
Address: 2500 Washington Ave, Newport News VA 23607
Phone: 757-926-3520 Fax: 757-926-7024 -
City of Newport News General District Court – 7th Judicial District (Criminal)
Address: 2500 Washington Ave, Newport News VA 23607
Phone: 757-926-8811 Fax: 757-926-7026 -
City of Newport News General District Court – 7th Judicial District (Traffic)
Address: 2500 Washington Ave, Newport News VA 23607
Phone: 757-926-8876 Fax: 757-926-7025 -
City of Newport News Juvenile and Domestic Relations District Court
Address: 2501 Huntington Ave, Newport News VA 23607
Phone: 757-926-3603 Fax: 757-926-3598