Mingo County Criminal Court hears all criminal cases in Mingo County. Below you will find specific information about criminal cases and how they are handled in Mingo County.
Required Court Appearances in Mingo County
Any required court appearances in Mingo 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.
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 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.
Mingo County Criminal Court locations
Criminal proceedings take place in the Mingo County Criminal Courts. A list of the criminal courts are located here.
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.
What happens in Mingo County at an arraignment?
In Mingo County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Mingo County Prosecutor
For criminal cases in Mingo County, the prosecutor will be a representative of Mingo County. The Mingo County 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.
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.
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.
I need help for my Mingo 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 Mingo 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 Mingo 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.
In a jury trial in Mingo 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.
Can I request a Plea Agreement?
In Mingo 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.
Mingo County Criminal Court Locations
Mingo County Circuit Court
Address: 75 East 2nd Avenue, PO Box 435, Williamson, WV 25661
Phone: 304-235-0320 Fax: 304-235-0326
Mingo County Magistrate Court
Address: Logan Street and 1st Avenue, PO Box 986, Williamson. WV 25661
Phone: 304-235-2445 Fax: 304-235-3179
Delbarton Municipal Court
Address: 1 Riverside Drive, PO Box 730, Delbarton, WV 25670
Phone: 304-475-3359 Fax: 304-475-0726
Gilbert Municipal Court
Address: 101 Main Street, PO Box 188, Gilbert, WV 25621
Phone: 304-664-9625 Fax: 304-664-3222
Kermit Municipal Court
Address: 160 Logan Street, PO Box 385, Kermit, WV 25674
Phone: 304-393-3563 Fax: 304-393-4889
Matewan Municipal Court
Address: 20 McCoy Alley, PO Box 306, Matewan, WV 25678
Phone: 304-426-4092 Fax: 304-426-5666
Williamson Municipal Court
Address: 108 East 4th Avenue, PO Box 1517, Williamson, WV 25661