Polk County Criminal Court hears all criminal cases in Polk County. Below you will find specific information about criminal cases and how they are handled in Polk County.
Jury Deliberation
In a jury trial in Polk 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.
What happens in Polk County at an arraignment?
In Polk 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.
Polk County Criminal Court
Polk County Criminal Court locations
Criminal proceedings take place in the Polk County Criminal Courts. A list of the criminal courts are located here.
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.
Prosecutor in Polk County
In Polk County, the prosecutor is an attorney representing Polk County. In some cases, the prosecutor may actually represent Tennessee. For the most part, the prosecutor in Polk County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Polk County a public defender will be appointed by the judge if you cannot afford private representation.
Sentencing in Polk County
In Polk 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.
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.
Can I request a Plea Agreement?
In Polk 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.
I need help for my Polk 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 Polk 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 Polk 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.
Required Court Appearances in Polk County
Any required court appearances in Polk 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.
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.
Polk County Criminal Court Locations
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Polk County Circuit Court
Address: 6239 Highway 411, PO Box 256, Benton, TN 37307
Phone: 423-338-4524 Fax: 423-338-8611 -
Polk County Chancery Court
Address: 161 Industrial Access Circle, Room 110, PO Box 689, Benton, TN 37307
Phone: 423-338-4522 Fax: 423-338-4553 -
Polk County General Sessions Court
Address: 6239 Highway 411, PO Box 529, Benton, TN 37307
Phone: 423-338-4532 Fax: 423-338-4550 -
Polk County Juvenile Court
Address: 6239 Highway 411, PO Box 529, Benton, TN 37307
Phone: 423-338-4532 Fax: 423-338-4550 -
Benton City Court
Address: 6496 Highway 411, PO Box 687, Benton, TN 37307
Phone: 423-338-5733