Gibson County Criminal Court hears all criminal cases in Gibson County. Below you will find specific information about criminal cases and how they are handled in Gibson County.
Prosecutor in Gibson County
In Gibson County, the prosecutor is an attorney representing Gibson County. In some cases, the prosecutor may actually represent Tennessee. For the most part, the prosecutor in Gibson County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
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 Gibson 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.
Sentencing in Gibson County
In Gibson 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.
Where will Gibson County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Gibson County. See here for the location of the criminal courts in Gibson County.
In a jury trial in Gibson 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.
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.
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.
Gibson County Required Court Appearances
In Gibson 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.
Where can I get help for my Gibson 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 Gibson 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.
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.
Arraignments in Gibson County
During an arraignment in Gibson 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 Gibson 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 Gibson County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Gibson County Criminal Court Locations
Gibson County Circuit Court
Address: 295 North College Street, PO Box 147, Trenton, TN 38382
Gibson County Chancery Court
Address: 204 North Court Square, Trenton, TN 38382
Gibson County General Sessions Court
Address: 295 North College Street, PO Box 147, Trenton, TN 38382
Gibson County Juvenile Court
Address: PO Box 228, Trenton, TN 38382
Phone: 731-855-7642 Fax: 731-855-7624
Bradford City Court
Address: 207 East Main Street, PO Box 87, Bradford, TN 38316
Dyer City Court
Address: 235 South Royal Street, Dyer, TN 38330
Phone: 731-692-3767 Fax: 731-692-4222
Gibson City Court
Address: 2204 Gibson Square, PO Box 374, Gibson, TN 38343
Humboldt City Court
Address: 1421 Osborne Street, Humboldt, TN 38343
Kenton City Court
Address: 108 North Poplar Street, Kenton, TN 38233
Medina City Court
Address: 112 North Main Street, Medina, TN 38355
Milan City Court
Address: 7029 Telecom Drive, Milan, TN 38358
Phone: 731-686-0985 Fax: 731-686-9473
Rutherford City Court
Address: 206 East Main Street, Rutherford, TN 38369
Phone: 731-665-7166 Fax: 731-665-6897
Trenton City Court
Address: 309 South College Street, Trenton, TN 38382
Yorkville City Court
Address: 5 Newborn Highway, Yorkville, TN 38389