Lincoln County Criminal Court hears all criminal cases in Lincoln County. Below you will find specific information about criminal cases and how they are handled in Lincoln County.
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.
Plea Agreements
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 Lincoln 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.
Lincoln County Criminal Court
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Jury Deliberation
In a jury trial in Lincoln 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.
Lincoln County Arraignments
An arraignment is a court hearing. In Lincoln County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Lincoln 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 Lincoln 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.
I need help for my Lincoln 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 Lincoln 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 Lincoln 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.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Lincoln County Criminal Court locations
Criminal proceedings take place in the Lincoln County Criminal Courts. A list of the criminal courts are located here.
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.
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.
Who is the prosecutor for Lincoln County?
Depending upon the case, the prosecutor for Lincoln County criminal cases will either be a representative of Lincoln County or a representative from Tennessee. 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.
Lincoln County Required Court Appearances
In Lincoln 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.
Lincoln County Criminal Court Locations
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Lincoln County Circuit Court
Address: 112 Main Avenue South, Room 203, Fayetteville, TN 37334
Phone: 931-433-2334 Fax: 931-438-1577 -
Lincoln County Chancery Court
Address: 112 Main Avenue South, Room B-109, Fayetteville, TN 37334
Phone: 931-433-1482 Fax: 931-433-9313 -
Lincoln County General Sessions Court
Address: 112 Main Avenue South, Room 203, Fayetteville, TN 37334
Phone: 931-433-2334 Fax: 931-438-1577 -
Lincoln County Juvenile Court
Address: 112 Main Avenue South, Room 203, Fayetteville, TN 37334
Phone: 931-433-2334 Fax: 931-438-1577 -
Fayetteville City Court
Address: 308 West Market Street, Fayetteville, TN 37334
Phone: 931-433-2262 -
Petersburg City Court
Address: Public Square, PO Box 215, Petersburg, TN 37144
Phone: 931-659-9826