Calhoun County Criminal Court hears all criminal cases in Calhoun County. Below you will find specific information about criminal cases and how they are handled in Calhoun County.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Required Court Appearances in Calhoun County
Any required court appearances in Calhoun 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.
In a jury trial in Calhoun 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.
Calhoun County Prosecutor
For criminal cases in Calhoun County, the prosecutor will be a representative of Calhoun County. The Calhoun 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.
Calhoun County Criminal Court locations
Criminal proceedings take place in the Calhoun County Criminal Courts. A list of the criminal courts are located here.
I need help for my Calhoun 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 Calhoun 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 Calhoun 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.
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 Calhoun County a public defender will be appointed by the judge if you cannot afford private representation.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
What happens in Calhoun County at an arraignment?
In Calhoun 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.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
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.
Calhoun County Criminal Court Locations
Calhoun County Circuit Court
Address: 25 W 11th St, #300, Anniston AL 36201
Calhoun County District Court
Address: 25 W 11th St, #260, Anniston AL 36201
Anniston Municipal Court
Address: 174 13th St, PO Box 2168, Anniston AL 36202
Hobson City Municipal Court
Address: 610 Martin Luther King Jr Dr, Hobson City AL 36201
Jacksonville Municipal Court
Address: 310 Church Ave SE, Jacksonville AL 36265
Ohatchee Municipal Court
Address: 7801 AL Hwy 77, PO Box 645, Ohatchee AL 36271
Oxford Municipal Court
Address: 600 Stanley Merrill Dr, Oxford AL 36203
Piedmont Municipal Court
Address: 312 N Center Ave, Piedmont AL 36272
Phone: 256-447-3571 Fax: 256-447-3376