St. Martin Parish Criminal Court handles all criminal cases that are filed in St. Martin Parish. See below for more information about criminal cases in St. Martin Parish.
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.
What happens in St. Martin Parish at an arraignment?
In St. Martin Parish 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.
St. Martin Parish Criminal Court
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate 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.
Can I request a Plea Agreement?
In St. Martin Parish you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Jury Deliberations in St. Martin Parish
In St. Martin Parish, 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.
St. Martin Parish Required Court Appearances
In St. Martin Parish, 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.
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.
St. Martin Parish Criminal Court locations
Criminal proceedings take place in the St. Martin Parish Criminal Courts. A list of the criminal courts are located here.
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.
I need help for my St. Martin Parish 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 St. Martin Parish 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 St. Martin Parish 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.
St. Martin Parish Prosecutor
For criminal cases in St. Martin Parish, the prosecutor will be a representative of St. Martin Parish. The St. Martin Parish 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.
St. Martin Parish Criminal Court Locations
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St. Martin 16th Judicial District Court
Address: 415 South Main Street, PO Box 308, St. Martinville LA 70582
Phone: 337-394-2210 Fax: 337-394-7772 -
Breaux Bridge City Court
Address: 101 Berard Street, Breaux Bridge LA 70517
Phone: 337-332-4117 Fax: 337-332-8511 -
Justice of the Peace Ward 1
Address: 1029 Nelson Road, St. Martinville LA 70582
Phone: 337-394-3390 -
Justice of the Peace Ward 2
Address: 304 Governor Mouton Street, St. Martinville LA 70582
Phone: 337-394-1202 -
Justice of the Peace Ward 3
Address: 1024 Joe Mouton Road, St. Martinville LA 70582
Phone: 337-342-0306 -
Justice of the Peace Ward 5
Address: 1006-B Legrand Road, Breaux Bridge LA 70517
Phone: 337-280-3649 -
Justice of the Peace Ward 6
Address: 1018 Florence Court, Morgan City LA 70380
Phone: 985-518-2419 -
Henderson Mayor’s Court
Address: 1007 Amy Street, PO Box 595, Henderson LA 70517
Phone: 337-228-7109 Fax: 337-228-7115 -
Parks Mayor’s Court
Address: 1010 Martin Street, PO Box 2867, Parks LA 70582
Phone: 337-845-4139 Fax: 337-845-9151 -
St. Martinville Mayor’s Court
Address: 120 South New Market Street, PO Box 379, St. Martinville LA 70582
Phone: 337-394-2230 Fax: 337-394-2244