Clay County Criminal Court

Clay County Criminal Court hears all criminal cases in Clay County. Below you will find specific information about criminal cases and how they are handled in Clay County.

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.

Jury Deliberation

In a jury trial in Clay 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.

Clay County Criminal Court

Clay County Criminal Court

Clay County Required Court Appearances

In Clay 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.

Burden of Proof Requirement

In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.

I need help for my Clay 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 Clay 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 Clay 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.

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.

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.

Who is the prosecutor for Clay County?

Depending upon the case, the prosecutor for Clay County criminal cases will either be a representative of Clay County or a representative from Florida. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.

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 Clay County at an arraignment?

In Clay 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.

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.

Clay County Criminal Court locations

Criminal proceedings take place in the Clay County Criminal Courts. A list of the criminal courts are located here.

Clay County Criminal Court Locations

  • Clay County Circuit Court

    Address: 825 North Orange Avenue, PO Box 698, Green Cove Springs, FL 32043
    Phone: 904-269-6302 Fax: 904-269-6390

  • Clay County Circuit Court – Middleburg

    Address: 1836 Blanding Boulevard, Suite D, Middleburg, FL 32068
    Phone: 904-282-6490 Fax: 904-278-3767

  • Clay County Circuit Court – Orange Park

    Address: 1478 Park Avenue, Orange Park, FL 32073
    Phone: 904-278-4769 Fax: 904-278-3690

  • County Court of Clay County

    Address: 825 North Orange Avenue, PO Box 698, Green Cove Springs, FL 32043
    Phone: 904-269-6302 Fax: 904-269-6390

  • County Court of Clay County – Middleburg

    Address: 1836 Blanding Boulevard, Suite D, Middleburg, FL 32068
    Phone: 904-282-6490 Fax: 904-278-3767

  • County Court of Clay County – Orange Park

    Address: 1478 Park Avenue, Orange Park, FL 32073
    Phone: 904-278-4769 Fax: 904-278-3690

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