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.
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.
Required Court Appearances in Marshall County
Any required court appearances in Marshall 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.
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.
I need help for my Marshall 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 Marshall 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 Marshall 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.
What happens in Marshall County at an arraignment?
In Marshall 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.
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.
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.
Marshall County Prosecutor
For criminal cases in Marshall County, the prosecutor will be a representative of Marshall County. The Marshall 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.
Marshall County Criminal Court locations
Criminal proceedings take place in the Marshall County Criminal Courts. A list of the criminal courts are located here.
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.
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.
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.
Marshall County Criminal Court Locations
Marshall County Circuit Court
Address: 128 E Van Dorn Ave, PO Box 459, Holly Springs MS 38635
Phone: 662-252-3434 Fax: 662-252-5951
Marshall County Chancery Court
Address: PO Box 219, Holly Springs MS 38635
Phone: 662-252-4431 Fax: 662-252-0004
Marshall County Youth Court
Address: 136 N Alderson St, PO Box 219, Holly Springs MS 38635
Phone: 662-252-4431 Fax: 662-551-3302
Marshall County Justice Court
Address: PO Box 729, Holly Springs MS 38635
Phone: 662-252-3585 Fax: 662-252-0028
Byhalia Municipal Court
Address: PO Box 412, Byhalia MS 38611
Phone: 662-838-2135 Fax: 662-838-3709
Holly Springs Municipal Court
Address: 538 JM Ash Dr, Holly Springs MS 38635
Potts Camp Municipal Court
Address: PO Box 57, Potts Camp MS 38659
Phone: 662-333-7285 Fax: 662-333-7287