Poinsett County Criminal Court hears all criminal cases in Poinsett County. Below you will find specific information about criminal cases and how they are handled in Poinsett County.
Who can help me in Poinsett County?
For general information about your case the Poinsett 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.
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.
Sentencing in Poinsett County
In Poinsett 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.
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.
What happens in Poinsett County at an arraignment?
In Poinsett 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.
Poinsett County Prosecutor
For criminal cases in Poinsett County, the prosecutor will be a representative of Poinsett County. The Poinsett 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.
In a jury trial in Poinsett 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.
Required Court Appearances in Poinsett County
Any required court appearances in Poinsett 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.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Poinsett County Criminal Court hearings
Criminal hearings in Poinsett County will take place at the Poinsett County Criminal Courts. Please see here for a list of the Poinsett County Criminal Court Locations.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
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.
Poinsett County Criminal Court Locations
Poinsett County Circuit Court
Address: 401 Market St, PO Box 46, Harrisburg AR 72432
Phone: 870-578-4420 Fax: 870-578-4427
Poinsett County District Court – Harrisburg
Address: 202 N East St, Harrisburg AR 72432
Phone: 870-578-4110 Fax: 870-578-4123
Poinsett County District Court – Lepanto
Address: PO Box 610, Lepanto AR 72354
Phone: 870-475-2415 Fax: 870-475-3161
Poinsett County District Court – Marked Tree
Address: 1 Elm St, Marked Tree AR 72365
Phone: 870-358-2024 Fax: 870-358-7867
Poinsett County District Court – Trumann
Address: 221 S Melton Ave, Trumann AR 72472
Phone: 870-483-7771 Fax: 870-483-2620
Poinsett County District Court – Tyronza
Address: 143 S Main St, PO Box 275, Tyronza AR 72386
Phone: 870-487-2168 Fax: 870-487-2729
Poinsett County District Court – Weiner
Address: 123 W 2nd St, Weiner AR 72479
Phone: 870-684-2284 Fax: 870-684-7649