Marengo County Criminal Court hears all criminal cases in Marengo County. Below you will find specific information about criminal cases and how they are handled in Marengo County.
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.
Prosecutor in Marengo County
In Marengo County, the prosecutor is an attorney representing Marengo County. In some cases, the prosecutor may actually represent Alabama. For the most part, the prosecutor in Marengo County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Marengo County Criminal Court
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
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.
Can I request a Plea Agreement?
In Marengo County 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.
Jury Deliberations in Marengo County
In Marengo County, 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.
Marengo County Criminal Court hearings
Criminal hearings in Marengo County will take place at the Marengo County Criminal Courts. Please see here for a list of the Marengo County Criminal Court Locations.
Sentencing in Marengo County
In Marengo County 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.
Marengo County Arraignments
An arraignment is a court hearing. In Marengo County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Marengo County 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 Marengo County 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.
I need help for my Marengo 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 Marengo 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 Marengo 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.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Mandatory Appearances in Marengo County Criminal Court
At a mandatory or required court appearance in Marengo County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Marengo County Criminal Court Locations
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Marengo County Circuit Court
Address: 101 E Coats Ave, PO Box 480566, Linden AL 36748
Phone: 334-295-2224 -
Marengo County District Court
Address: 101 E Coats Ave, PO Box 480566, Linden AL 36748
Phone: 334-295-2224 -
Demopolis Municipal Court
Address: 301 E Washington St, Demopolis AL 36732
Phone: 334-289-5933 Fax: 334-289-5930 -
Linden Municipal Court
Address: 211 N Main St, Linden AL 36748
Phone: 334-295-4333 Fax: 334-295-0224