Rappahannock County Criminal Court handles all criminal cases that are filed in Rappahannock County. See below for more information about criminal cases in Rappahannock County.
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.
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.
Rappahannock County Criminal Court
Prosecutor in Rappahannock County
In Rappahannock County, the prosecutor is an attorney representing Rappahannock County. In some cases, the prosecutor may actually represent Virginia. For the most part, the prosecutor in Rappahannock County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Mandatory Appearances in Rappahannock County Criminal Court
At a mandatory or required court appearance in Rappahannock 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.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Rappahannock County Criminal Court locations
Criminal proceedings take place in the Rappahannock County Criminal Courts. A list of the criminal courts are located here.
Jury Deliberation
In a jury trial in Rappahannock 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.
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.
Can I request a Plea Agreement?
In Rappahannock 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.
I need help for my Rappahannock 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 Rappahannock 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 Rappahannock 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.
Rappahannock County Arraignments
An arraignment is a court hearing. In Rappahannock County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Rappahannock 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 Rappahannock 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.
Rappahannock County Criminal Court Locations
-
Rappahannock County Circuit Court – 20th Judicial Circuit
Address: 238 Gay St, PO Box 517, Washington VA 22747
Phone: 540-675-5350 Fax: 540-675-5351 -
Rappahannock County General District Court – 20th Judicial District
Address: 250 Gay St, PO Box 206, Washington VA 22747
Phone: 540-675-5356 Fax: 540-675-5357 -
Rappahannock County Juvenile and Domestic Relations District Court
Address: 250 Gay St, PO Box 206, Washington VA 22747
Phone: 540-675-5356 Fax: 540-675-5357