Linn County Criminal Court handles all criminal cases that are filed in Linn County. See below for more information about criminal cases in Linn County.
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.
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.
Prosecutor in Linn County
In Linn County, the prosecutor is an attorney representing Linn County. In some cases, the prosecutor may actually represent Missouri. For the most part, the prosecutor in Linn County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Arraignments in Linn County
During an arraignment in Linn 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 Linn 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 Linn County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Sentencing in Linn County
In Linn 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.
Linn County Required Court Appearances
In Linn County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Can I request a Plea Agreement?
In Linn 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.
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.
Where can I get help for my Linn County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Linn County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Linn County Criminal Court locations
Criminal proceedings take place in the Linn County Criminal Courts. A list of the criminal courts are located here.
Linn County Criminal Court Locations
Linn County Circuit Court
Address: 108 North High, PO Box 84, Linneus, MO 64653
Phone: 660-895-5212 Fax: 660-895-5277
Brookfield Municipal Court
Address: 116 West Brooks Street, Brookfield, MO 64628
Phone: 660-258-3377 Fax: 660-258-7279
Browning Municipal Court
Address: 313 West Main Street, PO Box 195, Browning, MO 64630
Phone: 660-946-4215 Fax: 660-946-4216
Bucklin Municipal Court
Address: 22 South Livingston Street, PO Box 76, Bucklin, MO 64631
Phone: 660-695-3221 Fax: 660-695-3221
Marceline Municipal Court
Address: 116 North Kansas Avenue, Marceline, MO 64658
Phone: 660-376-3528 Fax: 660-376-3898