Skamania County Criminal Court hears all criminal cases in Skamania County. Below you will find specific information about criminal cases and how they are handled in Skamania 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.
Who is the prosecutor for Skamania County?
Depending upon the case, the prosecutor for Skamania County criminal cases will either be a representative of Skamania County or a representative from Washington. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Skamania County Criminal Court
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 Skamania 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.
Where can I get help for my Skamania 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 Skamania 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.
Required Court Appearances in Skamania County
Any required court appearances in Skamania 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.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Skamania County a public defender will be appointed by the judge if you cannot afford private representation.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
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.
Arraignments in Skamania County
During an arraignment in Skamania 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 Skamania 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 Skamania County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Skamania County Criminal Court locations
Criminal proceedings take place in the Skamania County Criminal Courts. A list of the criminal courts are located here.
Jury Deliberation
In a jury trial in Skamania 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.
Skamania County Criminal Court Locations
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Skamania County Superior Court
Address: 240 NW Vancouver Avenue, PO Box 790, Stevenson WA 98648
Phone: 509-427-3770 Fax: 509-427-3777 -
Skamania County Superior Court – Juvenile
Address: 240 NW Vancouver Avenue, PO Box 790, Stevenson WA 98648
Phone: 509-427-3715 Fax: 509-427-3719 -
Skamania County District Court
Address: 240 NW Vancouver Avenue, Room 35, PO Box 790, Stevenson WA 98648
Phone: 509-427-3780 Fax: 509-427-3777 -
Stevenson Municipal Court
Address: 7121 E Loop Road, PO Box 371, Stevenson WA 98648
Phone: 509-427-5970 Fax: 509-427-8202