Montgomery County Criminal Court

Montgomery County Criminal Court handles all criminal cases that are filed in Montgomery County. See below for more information about criminal cases in Montgomery County.

Jury Deliberation

In a jury trial in Montgomery 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.

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.

Montgomery County Criminal Court

Montgomery County Criminal Court

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.

I need help for my Montgomery 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 Montgomery 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 Montgomery 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.

Montgomery County Criminal Court locations

Criminal proceedings take place in the Montgomery County Criminal Courts. A list of the criminal courts are located here.

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.

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.

Can I request a Plea Agreement?

In Montgomery 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.

Required Court Appearances in Montgomery County

Any required court appearances in Montgomery 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.

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.

Arraignments in Montgomery County

During an arraignment in Montgomery 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 Montgomery 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 Montgomery County the defendant may be sentenced at that time or the sentencing may take place at a later date.

Who is the prosecutor for Montgomery County?

Depending upon the case, the prosecutor for Montgomery County criminal cases will either be a representative of Montgomery 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.

Montgomery County Criminal Court Locations

  • Montgomery County Circuit Court

    Address: 2 Millennium Plaza, Suite 115, Clarksville, TN 37040
    Phone: 931-648-5700 Fax: 931-648-5729

  • Montgomery County Chancery Court

    Address: 2 Millennium Plaza, Suite 101, Clarksville, TN 37040
    Phone: 931-648-5703 Fax: 931-648-5759

  • Montgomery County General Sessions Court

    Address: Two Millennium Plaza, Suite 115, Clarksville, TN 37040
    Phone: 931-648-5700 Fax: 931-648-5729

  • Montgomery County Juvenile Court

    Address: 2 Millennium Plaza, Suite 115, Clarksville, TN 37040
    Phone: 931-648-5766 Fax: 931-648-5729

  • Clarksville City Court

    Address: One Public Square, Suite 122, Clarksville, TN 37040
    Phone: 931-648-4604 Fax: 931-221-0742

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