Franklin County Criminal Court handles all criminal cases that are filed in Franklin County. See below for more information about criminal cases in Franklin County.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
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.
Franklin County Criminal Court
Franklin County Criminal Court hearings
Criminal hearings in Franklin County will take place at the Franklin County Criminal Courts. Please see here for a list of the Franklin County Criminal Court Locations.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Required Court Appearances in Franklin County
Any required court appearances in Franklin 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.
Arraignments in Franklin County
During an arraignment in Franklin 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 Franklin 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 Franklin County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Can I request a Plea Agreement?
In Franklin 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.
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.
I need help for my Franklin 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 Franklin 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 Franklin 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.
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.
Prosecutor in Franklin County
In Franklin County, the prosecutor is an attorney representing Franklin County. In some cases, the prosecutor may actually represent Arkansas. For the most part, the prosecutor in Franklin County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Franklin County Criminal Court Locations
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Franklin County Circuit Court
Address: 211 W Commercial, PO Box 1112, Ozark AR 72949
Phone: 479-667-3818 Fax: 479-667-5174 -
Franklin County Circuit Court
Address: 607 E Main St, Charleston AR 72933
Phone: 479-965-7332 Fax: 479-965-9322 -
Franklin County District Court – Altus
Address: PO Box 403, Ozark AR 72949
Phone: 479-667-4808 Fax: 479-667-4599 -
Franklin County District Court – Charleston
Address: PO Box 426, Charleston AR 72933
Phone: 479-965-7455 Fax: 479-965-9980 -
Franklin County District Court – Ozark
Address: PO Box 403, Ozark AR 72949
Phone: 479-667-4808 Fax: 479-667-4599