Oktibbeha County Criminal Court hears all criminal cases in Oktibbeha County. Below you will find specific information about criminal cases and how they are handled in Oktibbeha County.
In a jury trial in Oktibbeha 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.
Required Court Appearances in Oktibbeha County
Any required court appearances in Oktibbeha 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.
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.
Who can help me in Oktibbeha County?
For general information about your case the Oktibbeha 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.
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 Oktibbeha County a public defender will be appointed by the judge if you cannot afford private representation.
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.
Sentencing in Oktibbeha County
In Oktibbeha 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 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.
Prosecutor in Oktibbeha County
In Oktibbeha County, the prosecutor is an attorney representing Oktibbeha County. In some cases, the prosecutor may actually represent Mississippi. For the most part, the prosecutor in Oktibbeha County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Oktibbeha County Criminal Court locations
Criminal proceedings take place in the Oktibbeha County Criminal Courts. A list of the criminal courts are located here.
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.
Oktibbeha County Arraignments
An arraignment is a court hearing. In Oktibbeha County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Oktibbeha County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Oktibbeha County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Oktibbeha County Criminal Court Locations
Oktibbeha County Circuit Court
Address: 108 W Main St, Starkville MS 39759
Phone: 662-323-1356 Fax: 662-323-1121
Oktibbeha County Chancery Court
Address: 101 E Main St, Starkville MS 39759
Phone: 662-323-5834 Fax: 662-338-1064
Oktibbeha County Youth Court
Address: 101 E Main St, Starkville MS 39759
Phone: 662-323-5834 Fax: 662-323-8915
Oktibbeha County Justice Court
Address: 104 Felix Long Dr, Starkville MS 39759
Phone: 662-338-1060 Fax: 662-338-1078
Starkville Municipal Court
Address: Phone: 662-323-2525, x112
Sturgis Municipal Court
Address: PO Box 97, Sturgis MS 39769
Phone: 662-465-7970 Fax: 662-465-7972