Marshall County Criminal Court handles all criminal cases that are filed in Marshall County. See below for more information about criminal cases in Marshall County.
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.
Sentencing in Marshall County
In Marshall 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.
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.
Who can help me in Marshall County?
For general information about your case the Marshall 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.
Arraignments in Marshall County
During an arraignment in Marshall 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 Marshall 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 Marshall County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Jury Deliberations in Marshall County
In Marshall County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Mandatory Appearances in Marshall County Criminal Court
At a mandatory or required court appearance in Marshall 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.
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 Marshall 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.
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.
Marshall County Criminal Court locations
Criminal proceedings take place in the Marshall County Criminal Courts. A list of the criminal courts are located here.
Prosecutor in Marshall County
In Marshall County, the prosecutor is an attorney representing Marshall County. In some cases, the prosecutor may actually represent West Virginia. For the most part, the prosecutor in Marshall County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Marshall County Criminal Court Locations
Marshall County Circuit Court
Address: 600 7th Street, Room 127, Moundsville, WV 26041
Phone: 304-845-2130 Fax: 304-845-3948
Marshall County Magistrate Court
Address: 511 6th Street, Moundsville, WV 26041
Phone: 304-845-4811 Fax: 304-845-1740
Benwood Municipal Court
Address: 430 Main Street, Benwood, WV 26031
Phone: 304-232-4320 Fax: 304-232-3393
Cameron Municipal Court
Address: 44 Main Street, Cameron, WV 26033
Phone: 304-686-2366 Fax: 304-686-4706
Glen Dale Municipal Court
Address: 402 Wheeling Avenue, Glen Dale, WV 26038
Phone: 304-845-5511 Fax: 304-845-3475
McMechen Municipal Court
Address: 47 9th Street, McMechen, WV 26040
Phone: 304-232-3140 Fax: 304-232-3149
Moundsville Municipal Court
Address: 800 6th Street, PO Box E, Moundsville, WV 26041
Phone: 304-845-3394 Fax: 304-845-7130