Powhatan County Criminal Court hears all criminal cases in Powhatan County. Below you will find specific information about criminal cases and how they are handled in Powhatan County.
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.
Prosecutor in Powhatan County
In Powhatan County, the prosecutor is an attorney representing Powhatan County. In some cases, the prosecutor may actually represent Virginia. For the most part, the prosecutor in Powhatan County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Where will Powhatan County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Powhatan County. See here for the location of the criminal courts in Powhatan 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.
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.
Arraignments in Powhatan County
During an arraignment in Powhatan 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 Powhatan 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 Powhatan County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Powhatan County Required Court Appearances
In Powhatan County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
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.
Sentencing in Powhatan County
In Powhatan 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.
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.
I need help for my Powhatan County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Powhatan County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Powhatan County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Powhatan County Criminal Court Locations
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Powhatan County Circuit Court – 11th Judicial Circuit
Address: 3880 Old Buckingham Rd, Suite C, Powhatan VA 23139
Phone: 804-598-5660 Fax: 804-598-5608 -
Powhatan County General District Court – 11th Judicial District
Address: 3880 Old Buckingham Rd, Suite D, Powhatan VA 23139
Phone: 804-598-5665 Fax: 804-598-5648 -
Powhatan County Juvenile and Domestic Relations District Court
Address: 3880 Old Buckingham Rd, Suite D, Powhatan VA 23139
Phone: 804-598-5665 Fax: 804-598-5648