Prosecution in Henrico County Criminal Cases
If you are accused of a criminal offense in Henrico County, Virginia it is important you know how your case is likely to be prosecuted in court. Below, a Henrico County criminal lawyer discusses the prosecution and what needs to be proven against you in court. To learn more, call and schedule a consultation with an attorney today.
What Prosecution Needs to Prove in Court
In court the prosecution has to show that a violation of law occurred and that a violation of the law occurred within Henrico County. Additionally, they have to show that all the elements of a particular crime occurred. For example, if it was a grand larceny case, they would have to show that the larceny occurred in Henrico, that you intended to deprive someone of a property, and then that the property sold and had a value above a certain monetary level.
Prosecution’s Case and Evidence Process
The prosecutors go about proving their case first through the testimony of the complaint or individual who brought the charge. In many cases, this is a law enforcement officer. The officer will testify as to what they saw, and as to what statements they made.
Next, the prosecution will attempt to bring any documentation or witnesses they have to the crime or to the incident, whether that be an incident report for an accident or a shop owner who had items stolen in front of their property.
What the prosecution will try to show next is the actual key to the crime. In a drug case, they’ll present evidence about the drugs and what they were, or if it’s a larceny case they’ll present the actual items that were stolen and the value of those.
Finally, what they’ll also do is present expert or scientific evidence. This is routine especially in drug cases. In these sorts of cases they’ll have individuals from the department of forensic science come to court to testify as to their lab results. This is what is typically referred to as forensic evidence, and very important in drug and DUI cases.
Who Prosecution Needs to Convince
In criminal cases, the prosecution has to convince either a judge or a jury. It will obviously depend on who’s trying the case.
Case Process Differences Between Henrico and Other Jurisdictions
Henrico handles cases a lot more vigorously than some other jurisdictions, particularly DUI cases. One thing that differs a little bit in Henrico is the prosecutor’s office there is often open to negotiation. So if your attorney can raise strong legal issues or bring to their attention good mitigating factors such as counseling or treatment, the prosecutors in Henrico will often consider reducing punishments or even possibly reducing charges.