Marshall County Criminal Court handles all criminal cases that are filed in Marshall County. See below for more information about criminal cases in Marshall County.
Prosecutor in Marshall County
In Marshall County, the prosecutor is an attorney representing Marshall County. In some cases, the prosecutor may actually represent Alabama. For the most part, the prosecutor in Marshall County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Marshall County Criminal Court
Marshall County Criminal Court locations
Criminal proceedings take place in the Marshall County Criminal Courts. A list of the criminal courts are located here.
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.
Jury Deliberations in Marshall County
In Marshall 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.
Marshall County Required Court Appearances
In Marshall County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Who can help me in Marshall County?
For general information about your case the Marshall County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Arraignments in Marshall County
During an arraignment in Marshall County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Marshall County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Marshall County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
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.
Marshall County Criminal Court Locations
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Marshall County Circuit Court
Address: 424 Blount Ave, Guntersville AL 35976
Phone: 256-571-7785 -
Marshall County Circuit Court
Address: 200 W Main St, Albertville AL 35950
Phone: 256-878-4521 -
Marshall County District Court
Address: 424 Blount Ave, Guntersville AL 35976
Phone: 256-571-7785 -
Marshall County District Court
Address: 200 W Main St, Albertville AL 35950
Phone: 256-878-4521 -
Albertville Municipal Court
Address: 200 Sand Mountain Dr, Suite A, PO Box 1248, Albertville AL 35950
Phone: 256-891-8291 Fax: 256-891-8296 -
Arab Municipal Court
Address: 740 N Main St, Arab AL 35016
Phone: 205-586-3540 -
Boaz Municipal Court
Address: 101 Line Ave, PO Box 537, Boaz AL 35957
Phone: 256-593-6476 -
Douglas Municipal Court
Address: 55 AL Hwy 168, PO Box 45, Douglas AL 35964
Phone: 256-593-9531 -
Grant Municipal Court
Address: 4766 Main St, PO Box 70, Grant AL 35747
Phone: 256-728-2007 Fax: 256-728-5739 -
Guntersville Municipal Court
Address: 325 Gunter Ave, Guntersville AL 35976
Phone: 256-571-7579