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.
Smith County Prosecutor
For criminal cases in Smith County, the prosecutor will be a representative of Smith County. The Smith County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Smith County Required Court Appearances
In Smith 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.
Smith County Criminal Court
Can I request a Plea Agreement?
In Smith 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.
What happens in Smith County at an arraignment?
In Smith 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.
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.
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.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
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.
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.
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.
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.
Smith County Criminal Court locations
Criminal proceedings take place in the Smith County Criminal Courts. A list of the criminal courts are located here.
Smith County Criminal Court Locations
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Smith County 7th District Court
Address: 100 N Broadway, #204, Tyler TX 75702
Phone: 903-590-1660 Fax: 903-590-1661 -
Smith County 114th District Court
Address: 100 N Broadway, #204, Tyler TX 75702
Phone: 903-590-1660 Fax: 903-590-1661 -
Smith County 241st District Court
Address: 100 N Broadway, #204, Tyler TX 75702
Phone: 903-590-1660 Fax: 903-590-1661 -
Smith County 321st District Court
Address: 100 N Broadway, #204, Tyler TX 75702
Phone: 903-590-1660 Fax: 903-590-1661 -
Smith County Clerk’s Office
Address: 200 E Ferguson, #300, Tyler TX 75702
Phone: 903-590-4670 Fax: 903-590-4689 -
Smith County Constitutional Court
Address: 200 E Ferguson, #100, Tyler TX 75702
Phone: 903-590-4616 -
Smith County Court at Law No. 1
Address: 200 E Ferguson, #300, Tyler TX 75702
Phone: 903-590-4670 Fax: 903-590-4689 -
Smith County Court at Law No. 2
Address: 200 E Ferguson, #300, Tyler TX 75702
Phone: 903-590-4670 Fax: 903-590-4689 -
Smith County Court at Law No. 3
Address: 200 E Ferguson, #300, Tyler TX 75702
Phone: 903-590-4670 Fax: 903-590-4689 -
Smith County Justice of the Peace Precinct 1
Address: 106 E Elm, Tyler TX 75702
Phone: 903-590-2601 -
Smith County Justice of the Peace Precinct 2
Address: 15405 Hwy 155 S, Tyler TX 75703
Phone: 903-590-4830 Fax: 903-561-3310 -
Smith County Justice of the Peace Precinct 3
Address: 313 E Duval St, PO Box 573, Troup TX 75789
Phone: 903-590-4729 Fax: 903-590-4739 -
Smith County Justice of the Peace Precinct 4
Address: 13640 Hwy 155 N, PO Box 62, Winona TX 75792
Phone: 903-590-4870 Fax: 903-877-4528 -
Smith County Justice of the Peace Precinct 5
Address: 2616 S Main, PO Box 1075, Lindale TX 75771
Phone: 903-590-4890 Fax: 903-882-0354 -
Arp Municipal Court
Address: PO Drawer 68, Arp TX 75750
Phone: 903-859-6131 -
Lindale Municipal Court
Address: 105 Ballard Drive, PO Box 130, Lindale TX 75771
Phone: 903-882-6150 Fax: 903-882-5305 -
Noonday Municipal Court
Address: PO Box 6425, Tyler TX 75711
Phone: 903-561-3351 -
Troup Municipal Court
Address: PO Box 637, Troup TX 75789
Phone: 903-842-3128 -
Tyler Municipal Court
Address: 813 N Broadway Ave, PO Box 895, Tyler TX 75710
Phone: 903-531-1266 Fax: 903-531-1369 -
Whitehouse Municipal Court
Address: Phone: 903-839-4914, x262 Fax: 903-839-9485
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Winona Municipal Court
Address: PO Box 97, Winona TX 75792
Phone: 903-877-3381