The Circuit Court has jurisdiction over all defendants accused of committing crimes that have been designated by the State Legislation as felonies. A felony is a criminal offense punishable by death or imprisonment in a state penitentiary. Felonies are classified into the following degrees:
Capital Felony is punishable by death or life imprisonment without the eligibility for parole.
Life Felony is punishable by a term of life imprisonment and by a fine not to exceed $10,000.
First Degree Felony is punishable by a term of imprisonment not to exceed 30 years and by a fine not to exceed $10,000.
Second Degree Felony is punishable by a term of imprisonment not to exceed 15 years and by a fine not to exceed $10,000.
Third Degree Felony is punishable by a term of imprisonment not to exceed 5 years and by a fine not to exceed $5,000.
Court Appearance
Once a court date has been set on a felony case the Clerk’s Office cannot change it.
If there is a problem you will need to contact your attorney.
Failure to Appear
A warrant may be issued for your arrest and any bond that you have posted may be forfeited when you fail to appear for court.
If you are arrested because of a failure to appear warrant you may be held in jail without bond.
First Appearance
If you are unable to bond out of jail, within 24 hours, you will appear before a county judge for a first appearance hearing. During these hearings the judge will set bond on misdemeanor and criminal traffic cases and determine if you qualify for legal representation by the Public Defender’s Office. The judge may accept a plea on a local misdemeanor or criminal traffic violation. If you are arrested on a felony case the court will only address bond and attorney status and your case will be scheduled for an arraignment before a circuit court judge. If you are arrested over the weekend your first appearance hearing will be held at the Hamilton County Jail before a judge. The judge will address bond and attorney status with you. Your case will be scheduled for an arraignment before a county judge on misdemeanor and criminal traffic cases and before a circuit judge for felony cases.
Arraignments
An arraignment is a hearing where a defendant is advised of the charges filed against him/her and allowed to enter a plea. If you enter a plea of guilty or no contest you will be sentenced at that time. If you plea not guilty your case will be set for a Status Conference, Pre-Trial, Change of Plea Session and Jury Trial. If you plea not guilty to a violation of probation charge then your case will be set for a Violation of Probation Hearing.
Arraignment Court Dates
The Clerk’s Office cannot change a court date. If there is a problem with your date, you may want to consult an attorney or contact the Judge assigned to your case.
Sentencing
The court may sentence you to serve time in the Hamilton County Jail and is required to impose court costs and may assess a fine on each count as charged. The Court has the authority to suspend your driving privileges on traffic violations and some misdemeanors. All fine and court costs are payable to the Clerk of Court by cash, cashier’s check, money order or Credit Card. We accept Visa, MasterCard, Discover, and Check Cards with the appropriate insignia. Credit Card payments will not be accepted over the phone. Personal checks are not acceptable on fines or court costs.
Trials
All sessions of court are open to the public, unless a particular judge orders his courtroom closed.