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.

Clay County Criminal Court hearings

Criminal hearings in Clay County will take place at the Clay County Criminal Courts. Please see here for a list of the Clay County Criminal Court Locations.

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.

Clay County Criminal Court

Clay County Criminal Court

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.

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.

Mandatory Appearances in Clay County Criminal Court

At a mandatory or required court appearance in Clay County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.

Prosecutor in Clay County

In Clay County, the prosecutor is an attorney representing Clay County. In some cases, the prosecutor may actually represent Mississippi. For the most part, the prosecutor in Clay County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.

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.

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.

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.

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.

What if I can’t afford an attorney?

The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.

Can I request a Plea Agreement?

In Clay County 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.

Clay County Criminal Court Locations

  • Clay County Circuit Court

    Address: 205 Court St, PO Box 364, West Point MS 39773
    Phone: 662-494-3384 Fax: 662-495-2057

  • Clay County Chancery Court

    Address: 205 Court St, PO Box 815, West Point MS 39773
    Phone: 662-494-3124 Fax: 662-492-4059

  • Clay County Youth Court

    Address: 205 Court St, PO Box 815, West Point MS 39773
    Phone: 662-494-3124 Fax: 662-492-4059

  • Clay County Justice Court

    Address: 218 W Broad St, PO Box 674, West Point MS 39773
    Phone: 662-494-6140 Fax: 662-494-6141

  • Mantee Municipal Court

    Address: PO Box 18, Mantee MS 39751
    Phone: 662-456-4302

  • West Point Municipal Court

    Address: 310 E Westbrook St, PO Box 1117, West Point MS 39773
    Phone: 662-494-6386 Fax: 662-494-1398

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