Marshall County Criminal Court hears all criminal cases in Marshall County. Below you will find specific information about criminal cases and how they are handled in Marshall County.
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.
Marshall County Criminal Court
Marshall County Criminal Court locations
Criminal proceedings take place in the Marshall 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.
Who is the prosecutor for Marshall County?
Depending upon the case, the prosecutor for Marshall County criminal cases will either be a representative of Marshall 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.
Jury Deliberations in Marshall County
In Marshall 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.
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.
Mandatory Appearances in Marshall County Criminal Court
At a mandatory or required court appearance in Marshall 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.
Where can I get help for my Marshall 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 Marshall 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.
Can I request a Plea Agreement?
In Marshall 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.
Marshall County Arraignments
An arraignment is a court hearing. In Marshall County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Marshall 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 Marshall 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.
Marshall County Criminal Court Locations
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Marshall County Circuit Court
Address: 302 Marshall County Courthouse, Lewisburg, TN 37091
Phone: 931-359-0536 Fax: 931-359-0543 -
Marshall County Chancery Court
Address: 201 Marshall County Courthouse, Lewisburg, TN 37091
Phone: 931-359-2181 Fax: 931-359-0524 -
Marshall County General Sessions Court
Address: 302 Marshall County Courthouse, Lewisburg, TN 37091
Phone: 931-359-0536 Fax: 931-359-0543 -
Marshall County Juvenile Court
Address: 302 Marshall County Courthouse, Lewisburg. TN 37091
Phone: 931-359-0536 Fax: 931-359-2993 -
Chapel Hill City Court
Address: 2202 Unionville Road, Chapel Hill, TN 37034
Phone: 931-364-7632 -
Cornersville City Court
Address: 118 South Main Street, Cornersville, TN 37047
Phone: 931-293-4482 -
Lewisburg City Court
Address: 101 Water Street, Lewisburg, TN 37091
Phone: 931-359-4050