Virginia Gun Trial Process

The Virginia gun trial process often depends on whether the charge is a felony or a misdemeanor. The case process can differ based on the severity of one’s charge. A credible firearm attorney could request the evidence prior to the individual’s initial court date, in order to review possible defenses for the case.

What is the Process of a Preliminary Hearing?

There will be trial on the same day so they will go in front of the judge, present the evidence, their attorney can object, and that judge will decide that same day what their sentence is going to be if they are found guilty or not guilty. Motions are going to be heard the same day, that is not going to be a long, drawn-out process like in some other jurisdiction or in some other types of cases that are heard that are felonies.

In Virginia, if it is a misdemeanor offense, it will be a pretty straightforward trial process and if it is a felony, it starts at the General District Court or Juvenile Domestic Relations Court level and it will start with a preliminary hearing.

Expectations for the Virginia Gun Trial Process

The preliminary hearing is where the prosecution presents evidence to show the judge that there is a reason to go forward with the case. The evidence is not much at all and often it can just be testimony from one person, they do not have to present all of the evidence that they would need to and that is because in a preliminary hearing there has to be probable cause.

There has to be a little bit more than 30 percent likely that they did the crime and they will go ahead and put it forward to circuit court and that is called certifying it up to circuit court and then, on the way to circuit court, it stops by a grand jury and the grand jury will determine whether or not there is enough to do what is called indicating it up to circuit court.

Understanding the Role of a Jury

As part of the Virginia gun trial process, a grand jury will indict everything and so it is unlikely that it will not make it through the grand jury. After it goes through the grand jury and it gets up to circuit court, at that point, there will be court date where they all go ahead and set it for trial and then at point they have to decide if they want a jury trial or bench trial and a jury trial.

It is important to know that the jury decides both that person’s guilt or innocence and that person’s sentence. They will not do that at the same time but they will decide both. Sometimes a person can have a separate sentencing hearing depending on the severity of their crime. Sometimes the sentencing will be done that same day but they are able to present different evidence for sentencing than they would for trial to determine guilt or innocence. Speaking with a professional attorney could benefit your case.