Smith County Criminal Court

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

Jury Deliberation

In a jury trial in Smith 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.

The Right to Counsel

The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.

Smith County Criminal Court

Smith County Criminal Court

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.

I need help for my Smith 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 Smith 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 Smith 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.

Where will Smith County criminal case hearings take place?

Criminal cases will take place at the criminal courts of Smith County. See here for the location of the criminal courts in Smith County.

Who is the prosecutor for Smith County?

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

Mandatory Appearances in Smith County Criminal Court

At a mandatory or required court appearance in Smith 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.

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.

Arraignments in Smith County

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

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.

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.

Smith County Criminal Court Locations

  • Smith County Circuit Court

    Address: 322 Justice Lane, Carthage, TN 37030
    Phone: 615-735-0500

  • Smith County Chancery Court

    Address: 322 Justice Lane, Carthage, TN 37030

  • Smith County General Sessions Court

    Address: 322 Justice Lane, Carthage, TN 37030

  • Smith County Juvenile Court

    Address: 322 Justice Lane, Carthage, TN 37030
    Phone: 615-735-0500 Fax: 615-735-8261

  • Carthage City Court

    Address: 314 Spring Street, PO Box 259, Carthage, TN 37030
    Phone: 615-735-2525

  • Gordonsville City Court

    Address: 63 East Main Street, PO Box 357, Gordonsville, TN 38563
    Phone: 615-683-8282

  • South Carthage City Court

    Address: 106 South Main Street, South Carthage, TN 37030
    Phone: 615-735-2727

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