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.
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.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Marion County Criminal Court
What happens in Marion County at an arraignment?
In Marion County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Who can help me in Marion County?
For general information about your case the Marion County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all 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.
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.
Marion County Criminal Court hearings
Criminal hearings in Marion County will take place at the Marion County Criminal Courts. Please see here for a list of the Marion County Criminal Court Locations.
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.
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.
Jury Deliberations in Marion County
In Marion 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.
Mandatory Appearances in Marion County Criminal Court
At a mandatory or required court appearance in Marion 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.
Marion County Criminal Court Locations
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Marion County Circuit Court
Address: PO Box 789, Jasper, TN 37347
Phone: 423-942-8020 -
Marion County Chancery Court
Address: PO Box 789, Jasper, TN 37347
Phone: 423-942-2601 -
Marion County General Sessions Court
Address: 5 Oak Avenue, Jasper, TN 37347
Phone: 423-942-2180 -
Marion County Juvenile Court
Address: 24 Courthouse Square, Room 101, Jasper, TN 37347
Phone: 423-942-2515 -
Jasper City Court
Address: 4460 Main Street, Jasper, TN 37347
Phone: 423-942-5862 -
Kimball City Court
Address: 675 Main Street, Kimball, TN 37347
Phone: 423-837-7040 -
South Pittsburg City Court
Address: 205 Elm Avenue, South Pittsburg, TN 37380
Phone: 423-837-7511 -
Whitwell City Court
Address: 13671 Highway 28, Whitwell, TN 37397
Phone: 423-658-5151