Madison County Criminal Court hears all criminal cases in Madison County. Below you will find specific information about criminal cases and how they are handled in Madison County.
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.
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.
Madison County Criminal Court
Required Court Appearances in Madison County
Any required court appearances in Madison 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.
I need help for my Madison 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 Madison 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 Madison 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.
Madison County Criminal Court hearings
Criminal hearings in Madison County will take place at the Madison County Criminal Courts. Please see here for a list of the Madison 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.
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.
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.
Arraignments in Madison County
During an arraignment in Madison 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 Madison 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 Madison 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.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Madison County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Madison County Prosecutor
For criminal cases in Madison County, the prosecutor will be a representative of Madison County. The Madison 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.
Madison County Criminal Court Locations
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Madison County Circuit Court
Address: 155 North Main Street, Edwardsville, IL 62025
Phone: 618-692-6240 -
Madison County Circuit Court – Collinsville
Address: 125 South Center Street, Collinsville, IL 62234
Phone: 618-296-4370 -
Madison County Circuit Court – Criminal
Address: 509 Ramey Street, Edwardsville, IL 62025
Phone: 618-692-8932 -
Madison County Circuit Court – Granite City
Address: 2000 Edison Avenue, Granite City, IL 62040
Phone: 618-877-4171 -
Madison County Circuit Court – Alton
Address: 1700 East Broadway, Alton, IL 62002
Phone: 618-465-8808 -
Edwardsville Municipal Court
Address: 118 Hillsboro Avenue, Edwardsville, Illinois 62025
Phone: 618-656-2131 -
Madison Municipal Court
Address: 615 Madison Avenue, Madison, IL 62060
Phone: 618-876-6268