Need help understanding process

[heartintx]

What is the name of your state? VA

We pressed charges against someone for VA code 18.2-121. It is a class one mis. The defendent was arrested and her arriagnment is next week. Can someone tell me how the process works? Do you think we need to hire an attorney? I am pretty sure she has. We have 4 witness to support our charges so we are pretty confident she will be found gulity. If we both have attorney's is it possible for them to work for the best interest of all involved before it goes to court or does this not happen with this kind of case? Not that I would want to b/c I feel confident she will be found gulity, but I also want to be reasonable. Is the burden on her to prove she didn't commit the crime? Is there some type of system that informs the victims of their rights and what is happening in the case prior to it going to court so we know what to prepare for? Thinking hypothetically that she will try to counter with some justification and we need to know what her plans are or is it not like that in these types of cases? Will each party know what witnesses have been suponead or can that be helded confidentail?

Thanks

 

[garrula lingua]

In the criminal proceeding, just follow the instructions of the Prosecutor.

You can (don't have to) go to the arraignment. You are a spectator - let the Prosecutor know you are present, but don't interfere with the process.

You may choose to file a civil suit agin the defendant (I didn't look up the charges, so don't know what you allege defendant did); you can hire an attorney for the civil case (you can hire an atty for the crim case, but the atty can't do anything more than hold your hand).

However, the Prosecutor, normally, will not speak with a civil atty (not an atty of record in crim case) about the facts in the crim case (it could be an ethical violation by Prosecutor).

Your civil atty can order transcripts of the crim proceedings for use in the civil case.

...The arraignment is the first appearance by the defendant. She may be offered a plea bargain at that point and resolve the case that same day (so, tell the Prosecutor you are present & ask Prosecutor if restitution for any of your 'loss'/injury can be part of a plea bargain - tell the Prosecutor how much your 'losses'/damages are.) .

It is more common for people to plead not guilty at arraignment (her atty is just receiving the discovery), and set the case for a pre-trial hearing (usually one of many).

You are the victim and the 'complaining witness' in this case, but the Prosecutor decides how the case will proceed (it is the Prosecutor's mission to prevent this/all defendant(s) from doing the same criminal offenses against others).

Be sure the Prosecutor has your correct address and phone number, so you will receive any subpoena issued (that's when you have to go to court).

Most cases (approx 98%) settle by plea bargain, so no subpoenas are ever issued.
The process can be discouraging, but there are so many cases, it is hard to streamline the process or take time, which victims deserve, to explain what's happening.

Hopefully, things will be resolved in a way which helps you recover and forge forward.