Poquoson Criminal Court handles all criminal cases that are filed in Poquoson. See below for more information about criminal cases in Poquoson.
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.
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.
Jury Deliberations in Poquoson
In Poquoson, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Poquoson Required Court Appearances
In Poquoson, 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.
Who can help me in Poquoson?
For general information about your case the Poquoson court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Can I request a Plea Agreement?
In Poquoson 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.
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.
An arraignment is a court hearing. In Poquoson this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Poquoson 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 Poquoson 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.
Sentencing in Poquoson
In Poquoson 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.
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 Poquoson a public defender will be appointed by the judge if you cannot afford private representation.
Where will Poquoson criminal case hearings take place?
Criminal cases will take place at the criminal courts of Poquoson. See here for the location of the criminal courts in Poquoson.
Prosecutor in Poquoson
In Poquoson, the prosecutor is an attorney representing Poquoson. In some cases, the prosecutor may actually represent Virginia. For the most part, the prosecutor in Poquoson has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Poquoson Criminal Court Locations
York County – Poquoson Circuit Court – 9th Judicial Circuit
Address: 300 Ballard St, PO Box 371, Yorktown VA 23690
Phone: 757-890-3350 Fax: 757-890-3364
York County – Poquoson General District Court – 9th Judicial District
Address: 300 Ballard St, PO Box 316, Yorktown VA 23690
Phone: 757-890-3450 Fax: 757-890-3459
York County – Poquoson Juvenile and Domestic Relations District Court
Address: 300 Ballard St, PO Box 357, Yorktown VA 23690
Phone: 757-890-3470 Fax: 757-890-3479