Marshall County Criminal Court hears all criminal cases in Marshall County. Below you will find specific information about criminal cases and how they are handled in Marshall County.
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.
Required Court Appearances in Marshall County
Any required court appearances in Marshall 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.
Marshall County Criminal Court locations
Criminal proceedings take place in the Marshall County Criminal Courts. A list of the criminal courts are located here.
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 Marshall 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.
Prosecutor in Marshall County
In Marshall County, the prosecutor is an attorney representing Marshall County. In some cases, the prosecutor may actually represent Kansas. For the most part, the prosecutor in Marshall County has discretion to both decide whether to file charges and also negotiate a potential plea deal with 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.
Jury Deliberations in Marshall County
In Marshall County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Sentencing in Marshall County
In Marshall 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.
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.
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.
Where can I get help for my Marshall County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Marshall County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Arraignments in Marshall County
During an arraignment in Marshall 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 Marshall 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 Marshall County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Marshall County Criminal Court Locations
Marshall County District Court
Address: 1201 Broadway, PO Box 149, Marysville, KS 66508
Phone: 785-562-5301 Fax: 785-562-2458
Blue Rapids Municipal Court
Address: 04 Public Square, Blue Rapids, KS 66411
Phone: 785-363-7736 Fax: 785-363-7361
Frankfort Municipal Court
Address: 109 North Kansas Avenue, Frankfort, KS 66427
Phone: 785-292-4240 Fax: 785-292-4690
Marysville Municipal Court
Address: 207 South 10th Street, Marysville, KS 66508
Phone: 785-562-9901 Fax: 785-562-3296
Waterville Municipal Court
Address: 136 East Commercial Street, PO Box 387, Waterville, KS 66548
Phone: 785-363-2367 Fax: 785-363-2524