Holt County Criminal Court handles all criminal cases that are filed in Holt County. See below for more information about criminal cases in Holt County.
Mandatory Appearances in Holt County Criminal Court
At a mandatory or required court appearance in Holt 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.
Holt County Criminal Court hearings
Criminal hearings in Holt County will take place at the Holt County Criminal Courts. Please see here for a list of the Holt County Criminal Court Locations.
Holt County Criminal Court
Who can help me in Holt County?
For general information about your case the Holt 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.
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.
What happens in Holt County at an arraignment?
In Holt 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.
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.
Who is the prosecutor for Holt County?
Depending upon the case, the prosecutor for Holt County criminal cases will either be a representative of Holt 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.
Jury Deliberation
In a jury trial in Holt County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
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.
Can I request a Plea Agreement?
In Holt 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.
Sentencing in Holt County
In Holt 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.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Holt County Criminal Court Locations
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Holt County Circuit Court
Address: 102 West Nodaway, PO Box 318, Oregon, MO 64473
Phone: 660-446-3301 Fax: 660-446-3328 -
Big Lake Municipal Court
Address: 481 Lake Shore Drive, Bigelow, MO 64437
Phone: 660-442-3566 Fax: 660-442-3566 -
Craig Municipal Court
Address: 121 South Main Street, Craig, MO 64437
Phone: 660-683-5412 -
Maitland Municipal Court
Address: 306 South Maple Avenue, PO Box 208, Maitland, MO 64466
Phone: 660-935-2291 Fax: 660-935-2529 -
Mound City Municipal Court
Address: 205 East 6th Street, Mound City, MO 64470
Phone: 660-442-3447