Barry County Criminal Court hears all criminal cases in Barry County. Below you will find specific information about criminal cases and how they are handled in Barry County.
What happens in Barry County at an arraignment?
In Barry 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.
Barry County Criminal Court hearings
Criminal hearings in Barry County will take place at the Barry County Criminal Courts. Please see here for a list of the Barry County Criminal Court Locations.
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.
Mandatory Appearances in Barry County Criminal Court
At a mandatory or required court appearance in Barry 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.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Jury Deliberations in Barry County
In Barry 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.
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.
Sentencing in Barry County
In Barry 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.
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 Barry County a public defender will be appointed by the judge if you cannot afford private representation.
Who is the prosecutor for Barry County?
Depending upon the case, the prosecutor for Barry County criminal cases will either be a representative of Barry County or a representative from Missouri. 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.
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.
I need help for my Barry 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 Barry 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 Barry 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.
Barry County Criminal Court Locations
Barry County Circuit Court
Address: 102 West Street, Suite 2, Cassville, MO 65625
Phone: 417-847-3133 Fax: 417-847-6298
Butterfield Municipal Court
Address: 10601 North Ash Street, PO Box 235, Cassville, MO 65625
Phone: 417-442-7975 Fax: 417-442-7975
Cassville Municipal Court
Address: 300 Main Street, Cassville, MO 65625
Phone: 417-847-4876 Fax: 417-847-5001
Exeter Municipal Court
Address: 200 Front Street, PO Box 113, Exeter, MO 65647
Phone: 417-835-2823 Fax: 417-835-2066
Monett Municipal Court
Address: 1901 East Cleveland Street, Monett, MO 65708
Purdy Municipal Court
Address: 101 Front Street, Box 216, Purdy, MO 65734
Phone: 417-442-3273 Fax: 417-442-7165
Seligman Municipal Court
Address: 29144 Main Street, Seligman, MO 65745
Phone: 417-662-3600 Fax: 417-662-3718
Washburn Municipal Court
Address: 321 Main Street, PO Box 110, Washburn, MO 65772
Phone: 417-826-5242 Fax: 417-826-5995
Wheaton Municipal Court
Address: 219 Main Street, PO Box 70, Wheaton, MO 64874
Phone: 417-652-3314 Fax: 417-652-7162