Miller County Criminal Court handles all criminal cases that are filed in Miller County. See below for more information about criminal cases in Miller County.
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.
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.
I need help for my Miller 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 Miller 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 Miller 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.
Sentencing in Miller County
In Miller 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.
Mandatory Appearances in Miller County Criminal Court
At a mandatory or required court appearance in Miller 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.
In a jury trial in Miller 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.
Miller County Prosecutor
For criminal cases in Miller County, the prosecutor will be a representative of Miller County. The Miller 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.
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.
Miller County Criminal Court hearings
Criminal hearings in Miller County will take place at the Miller County Criminal Courts. Please see here for a list of the Miller County Criminal Court Locations.
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.
Arraignments in Miller County
During an arraignment in Miller 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 Miller 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 Miller County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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 Miller 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.
Miller County Criminal Court Locations
Miller County Circuit Court
Address: PO Box 11, Tuscumbia, MO 65082
Eldon Municipal Court
Address: 201 East 1st Street, PO Box 355, Eldon, MO 65026
Phone: 573-392-2291 Fax: 573-392-2341
Iberia Municipal Court
Address: 803 Highway 42, PO Box 211, Iberia, MO 65486
Phone: 573-793-2300 Fax: 573-793-2665
Lake Ozark Municipal Court
Address: PO Box 370, Lake Ozark, MO 65049
Phone: 573-365-5903 Fax: 573-365-4515
Osage Beach Municipal Court
Address: 1000 City Pkwy, Osage Beach, MO 65065
Phone: 573-302-2000 Fax: 573-302-2041