Carroll County Criminal Court handles all criminal cases that are filed in Carroll County. See below for more information about criminal cases in Carroll County.
Prosecutor in Carroll County
In Carroll County, the prosecutor is an attorney representing Carroll County. In some cases, the prosecutor may actually represent Missouri. For the most part, the prosecutor in Carroll County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Who can help me in Carroll County?
For general information about your case the Carroll County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
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.
Arraignments in Carroll County
During an arraignment in Carroll 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 Carroll 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 Carroll County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Mandatory Appearances in Carroll County Criminal Court
At a mandatory or required court appearance in Carroll 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 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.
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.
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 Carroll 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.
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.
Where will Carroll County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Carroll County. See here for the location of the criminal courts in Carroll County.
Sentencing in Carroll County
In Carroll 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.
Carroll County Criminal Court Locations
Carroll County Circuit Court
Address: 8 South Main, Suite 1, PO Box 245, Carrollton, MO 64633
Phone: 660-542-1466 Fax: 660-542-1444
Bogard Municipal Court
Address: PO Box 17, Bogard, MO 64622
Phone: 660-542-2494 Fax: 660-542-1877
Bosworth Municipal Court
Address: 8 South Main, Carrollton, MO 64633
Phone: 660-542-2494 Fax: 660-542-1877
Carrollton Municipal Court
Address: 201 West Benton Street, Carrollton, MO 64633
Phone: 660-542-0400 Fax: 660-542-8205
Hale Municipal Court
Address: 302 Main Street, Hale, MO 64643
Norborne Municipal Court
Address: 109 East 2nd Street, Norborne, MO 64668
Tina Municipal Court
Address: 105 North Main Street, Tina, MO 64682