Montgomery County Criminal Court

Montgomery County Criminal Court hears all criminal cases in Montgomery County. Below you will find specific information about criminal cases and how they are handled in Montgomery County.

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 Montgomery 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.

Who is the prosecutor for Montgomery County?

Depending upon the case, the prosecutor for Montgomery County criminal cases will either be a representative of Montgomery County or a representative from Mississippi. 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.

Montgomery County Criminal Court

Montgomery County Criminal Court

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 Montgomery County a public defender will be appointed by the judge if you cannot afford private representation.

I need help for my Montgomery 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 Montgomery 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 Montgomery 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.

Montgomery County Arraignments

An arraignment is a court hearing. In Montgomery County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Montgomery 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 Montgomery 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.

Right to Jury Trial

For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.

Where will Montgomery County criminal case hearings take place?

Criminal cases will take place at the criminal courts of Montgomery County. See here for the location of the criminal courts in Montgomery County.

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.

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.

Can I appeal a guilty verdict?

If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.

Required Court Appearances in Montgomery County

Any required court appearances in Montgomery 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.

Sentencing in Montgomery County

In Montgomery 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.

Montgomery County Criminal Court Locations

  • Montgomery County Circuit Court

    Address: 614 Summit St, PO Box 765, Winona MS 38967
    Phone: 662-283-4161 Fax: 662-283-3363

  • Montgomery County Chancery Court

    Address: 614 Summit St, PO Box 71, Winona MS 38967
    Phone: 662-283-2333 Fax: 662-283-2233

  • Montgomery County Youth Court

    Address: 614 Summit St, PO Box 71, Winona MS 38967
    Phone: 662-283-2333 Fax: 662-283-2233

  • Montgomery County Justice Court

    Address: 614 Summit St, PO Box 229, Winona MS 38967
    Phone: 662-283-2290 Fax: 662-283-2052

  • Duck Hill Municipal Court

    Address: PO Box 368, Duck Hill MS 38925
    Phone: 662-565-7200 Fax: 662-565-2721

  • Kilmichael Municipal Court

    Address: PO Box 296, Kilmichael MS 39747
    Phone: 662-262-4242 Fax: 662-262-4400

  • Winona Municipal Court

    Address: 608 Summit St, Winona MS 38967
    Phone: 662-283-1140 Fax: 662-283-1145

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