Greene County Criminal Court handles all criminal cases that are filed in Greene County. See below for more information about criminal cases in Greene 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.
Where can I get help for my Greene 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 Greene 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.
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 Greene County a public defender will be appointed by the judge if you cannot afford private representation.
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 Greene 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 Greene County
In Greene County, the prosecutor is an attorney representing Greene County. In some cases, the prosecutor may actually represent Mississippi. For the most part, the prosecutor in Greene County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Greene County Criminal Court locations
Criminal proceedings take place in the Greene County Criminal Courts. A list of the criminal courts are located here.
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 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.
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.
Arraignments in Greene County
During an arraignment in Greene 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 Greene 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 Greene County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Greene County Required Court Appearances
In Greene County, 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.
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.
Greene County Criminal Court Locations
-
Greene County Circuit Court
Address: 400 Main St, PO Box 310, Leakesville MS 39451
Phone: 601-394-2379 Fax: 601-394-2334 -
Greene County Chancery Court
Address: 400 Main St, PO Box 610, Leakesville MS 39451
Phone: 601-394-2377 Fax: 601-394-4445 -
Greene County Youth Court
Address: 400 Main St, PO Box 610, Leakesville MS 39451
Phone: 601-394-2377 Fax: 601-394-4445 -
Greene County Justice Court
Address: PO Box 547, Leakesville MS 39451
Phone: 601-394-2347 Fax: 601-394-2114 -
Leakesville Municipal Court
Address: 301-A Lafayette Ave, Leakesville MS 39451
Phone: 601-394-2383 Fax: 601-394-2414 -
McLain Municipal Court
Address: 106 Church St, PO Box 5, McLain MS 39456
Phone: 601-753-2757 Fax: 601-753-2205 -
State Line Municipal Court
Address: 229 Main St, PO Box 95, State Line MS 39362
Phone: 601-848-7755 Fax: 601-848-7493