Lincoln County Criminal Court handles all criminal cases that are filed in Lincoln County. See below for more information about criminal cases in Lincoln County.
Jury Deliberations in Lincoln County
In Lincoln 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.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
I need help for my Lincoln 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 Lincoln 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 Lincoln 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.
Mandatory Appearances in Lincoln County Criminal Court
At a mandatory or required court appearance in Lincoln 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.
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.
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 Lincoln County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Lincoln County. See here for the location of the criminal courts in Lincoln County.
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 Lincoln 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.
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.
Lincoln County Prosecutor
For criminal cases in Lincoln County, the prosecutor will be a representative of Lincoln County. The Lincoln County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Lincoln County Arraignments
An arraignment is a court hearing. In Lincoln County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Lincoln 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 Lincoln 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.
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.
Lincoln County Criminal Court Locations
Lincoln County Circuit Court
Address: 45 Business Park Drive, Troy, MO 63379
Phone: 636-528-6300 Fax: 636-528-9168
Elsberry Municipal Court
Address: 201 Broadway, Elsberry, MO 63343
Phone: 573-898-5588 Fax: 573-898-2249
Foley Municipal Court
Address: PO Box 81, Foley, MO 63347
Phone: 636-662-2557 Fax: 636-662-2067
Hawk Point Municipal Court
Address: 161 West Lincoln Street, Hawk Point, MO 63349
Moscow Mills Municipal Court
Address: 71 Progress Court, PO Box 218, Moscow Mills, MO 63362
Phone: 636-366-9969 Fax: 636-356-4062
Old Monroe Municipal Court
Address: 101 Locust, PO Box 212, Old Monroe, MO 63369
Phone: 636-661-5112 Fax: 636-661-5373
Silex Municipal Court
Address: PO Box 191, Silex, MO 63377
Troy Municipal Court
Address: 800 Cap Au Gris, Troy, MO 63379
Phone: 636-528-6179 Fax: 636-462-7696
Winfield Municipal Court
Address: 51 Harry’s Way, PO Box 59, Winfield, MO 63389
Phone: 636-668-6031 Fax: 636-668-6012