Linn County Criminal Court hears all criminal cases in Linn County. Below you will find specific information about criminal cases and how they are handled in Linn County.
Jury Deliberations in Linn County
In Linn 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.
Linn County Criminal Court hearings
Criminal hearings in Linn County will take place at the Linn County Criminal Courts. Please see here for a list of the Linn County Criminal Court Locations.
I need help for my Linn 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 Linn 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 Linn 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.
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.
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.
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.
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.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
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.
Linn County Arraignments
An arraignment is a court hearing. In Linn County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Linn 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 Linn 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.
Who is the prosecutor for Linn County?
Depending upon the case, the prosecutor for Linn County criminal cases will either be a representative of Linn County or a representative from Oregon. 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.
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 Criminal Court Locations
Linn County Circuit Court
Address: 300 4th Avenue, PO Box 1749, Albany, OR 97321
Albany Municipal Court
Address: 333 Broadalbin Street SW, PO Box 490, Albany, OR 97321
Phone: 541-917-7740 Fax: 541-917-7748
Brownsville Municipal Court
Address: 255 North Main Street, PO Box 188, Brownsville, OR 97327
Halsey Municipal Court
Address: 773 West 1st Street, PO Box 10, Halsey, OR 97348
Harrisburg Municipal Court
Address: 354 Smith Street, PO Box 286, Harrisburg, OR 97446
Lebanon Municipal Court
Address: 40 North 2nd Street, Suite 300, Lebanon, OR 97355
Phone: 541-258-4909 Fax: 541-258-4953
Mill City Municipal Court
Address: 252 SW Cedar St, Mill City OR 97360
Phone: 503-897-2302 Fax: 503-897-3499
Scio Municipal Court
Address: 38957 NW 1st Avenue, PO Box 37, Scio, OR 97374
Phone: 503-394-3342 Fax: 503-394-2340
Sweet Home Municipal Court
Address: 1140 12th Avenue, Sweet Home, OR 97386
Phone: 541-367-4660 Fax: 541-367-3969
Harrisburg Justice Court
Address: 354 Smith Street, PO Box 286, Harrisburg, OR 97446
Phone: 877-589-9762 Fax: 541-995-9254
Lebanon Justice Court
Address: 30 East Maple Street, PO Box 283, Lebanon, OR 97355
Phone: 541-258-5777 Fax: 541-258-5500
Sweet Home Justice Court
Address: 799 Long Street, Sweet Home, OR 97386
Phone: 541-367-5902 Fax: 541-258-5500