Marion County Criminal Court hears all criminal cases in Marion County. Below you will find specific information about criminal cases and how they are handled in Marion County.
Marion County Prosecutor
For criminal cases in Marion County, the prosecutor will be a representative of Marion County. The Marion 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.
Arraignments in Marion County
During an arraignment in Marion 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 Marion 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 Marion County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Where can I get help for my Marion 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 Marion 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.
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.
Required Court Appearances in Marion County
Any required court appearances in Marion County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Marion County Criminal Court locations
Criminal proceedings take place in the Marion County Criminal Courts. A list of the criminal courts are located here.
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.
In a jury trial in Marion 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.
Sentencing in Marion County
In Marion 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.
Can I request a Plea Agreement?
In Marion 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.
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.
Marion County Criminal Court Locations
Marion County Circuit Court
Address: 100 High Street NE, PO Box 12869, Salem, OR 97309
Phone: 503-588-5105 Fax: 503-373-4360
Marion County Juvenile Court
Address: 3030 Center Street NE, Salem, OR 97301
Marion County Circuit Court – Annex
Address: 4000 Aumsville Highway, Salem, OR 97317
Aumsville Municipal Court
Address: 125 North 6th Street, PO Box 103, Aumsville, OR 97325
Aurora Municipal Court
Address: 21420 Main Street, Aurora, OR 97002
Phone: 503-678-1283 Fax: 503-678-2758
Donald Municipal Court
Address: 10710 Main Street NE, PO Box 388, Donald, OR 97020
Gervais Municipal Court
Address: 592 4th Street, Gervais, OR 97026
Hubbard Municipal Court
Address: 3720 2nd Street, Hubbard, OR 97032
Phone: 503-981-9633 Fax: 503-981-8743
Jefferson Municipal Court
Address: 128 North Main Street, PO Box 83, Jefferson, OR 97352
Phone: 541-327-2768 Ext. 112 Fax: 541-327-3120
Keizer Municipal Court
Address: 930 Chemawa Road NE, PO Box 21000, Keizer OR 97307
Phone: 503-390-3700 Fax: 503-393-9437
Mt. Angel Municipal Court
Address: 5 North Garfield Street, PO Box 960, Mt Angel, OR 97362
Salem Municipal Court
Address: 555 Liberty Street SE, Room 215, Salem, OR 97301
Silverton Municipal Court
Address: 306 South Water Street, Silverton, OR 97381
Phone: 503-873-5321 Fax: 503-873-3007
Turner Municipal Court
Address: 7250 3rd Street, PO Box 456, Turner, OR 97392
Phone: 503-743-2155 Fax: 503-743-4010
Woodburn Municipal Court
Address: 270 Montgomery Street, Woodburn, OR 97071
East Marion Justice Court – Salem
Address: 575 Lancaster Drive SE, Salem, OR 97301
East Marion Justice Court – Stayton
Address: 111 West Locust Street, Suite 3, Stayton, OR 97383
North Marion Justice Court
Address: 986 North Pacific Highway, Woodburn, OR 97071