Clark County Criminal Court hears all criminal cases in Clark County. Below you will find specific information about criminal cases and how they are handled in Clark County.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Clark County a public defender will be appointed by the judge if you cannot afford private representation.
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.
Clark County Criminal Court
Who is the prosecutor for Clark County?
Depending upon the case, the prosecutor for Clark County criminal cases will either be a representative of Clark County or a representative from Indiana. 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.
Jury Deliberation
In a jury trial in Clark 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.
Clark County Arraignments
An arraignment is a court hearing. In Clark County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Clark County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Clark County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
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.
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.
Clark County Criminal Court locations
Criminal proceedings take place in the Clark County Criminal Courts. A list of the criminal courts are located here.
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.
Sentencing in Clark County
In Clark 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.
I need help for my Clark 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 Clark 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 Clark 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.
Required Court Appearances in Clark County
Any required court appearances in Clark 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.
Clark County Criminal Court Locations
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Clark County Circuit Court No. 1
Address: 501 E Court Ave, #137, Jeffersonville IN 47130
Phone: 812-285-6244 Fax: 812-285-6372 -
Clark County Circuit Court No. 2
Address: 501 E Court Ave, #137, Jeffersonville IN 47130
Phone: 812-285-6244 Fax: 812-285-6372 -
Clark County Circuit Court No. 3
Address: 501 E Court Ave, #137, Jeffersonville IN 47130
Phone: 812-285-6244 Fax: 812-285-6372 -
Clark County Circuit Court No. 4
Address: 501 E Court Ave, #137, Jeffersonville IN 47130
Phone: 812-285-6244 Fax: 812-285-6372 -
Clarksville Town Court
Address: 2000 Broadway, #109, Clarksville IN 47129
Phone: 812-283-1505 Fax: 812-280-5548 -
Jeffersonville City Court
Address: 500 Quartermaster Ct, #110, Jeffersonvillle IN 47130
Phone: 812-285-6431 Fax: 812-285-6470