Marion County Criminal Court handles all criminal cases that are filed in Marion County. See below for more information about criminal cases in Marion County.
Prosecutor in Marion County
In Marion County, the prosecutor is an attorney representing Marion County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Marion County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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
Arraignments in Marion County
During an arraignment in Marion 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 Marion 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 Marion County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
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 Marion County a public defender will be appointed by the judge if you cannot afford private representation.
Marion County Criminal Court locations
Criminal proceedings take place in the Marion County Criminal Courts. A list of the criminal courts are located here.
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.
Marion County Required Court Appearances
In Marion County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
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.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Marion County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Marion County Criminal Court Locations
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Marion County 276th District Court
Address: 102 W Austin St, #303, PO Box 628, Jefferson TX 75657
Phone: 903-665-2441 Fax: 903-665-2102 -
Marion County 276th District Court
Address: 102 W Austin St, #303, PO Box 628, Jefferson TX 75657
Phone: 903-665-2441 Fax: 903-665-2102 -
Marion County Constitutional Court
Address: 102 W Austin St, #206, Jefferson TX 75657
Phone: 903-665-3971 Fax: 903-665-8732 -
Marion County Justice of the Peace Precinct 1
Address: 114 W Austin St, #204, Jefferson TX 75657
Phone: 903-665-239 2Fax: 903-665-2392 -
Marion County Justice of the Peace Precinct 2
Address: 8249 State Hwy 49, Jefferson TX 75657
Phone: 903-665-3581 -
Jefferson Municipal Court
Address: 102 N Polk St, Jefferson TX 75657
Phone: 903-665-7159 Fax: 903-665-6575