Small town murder

icerose · Jun 27, 2009

Okay, my question is on the legal side for a story. If a multiple murder in say like a robbery type situtation would the criminal then be tried in that small town, county, or at a higher state court. Especially if he was a repeat offender, like this was his third violent crime strike and he's facing the needle?

Soccer Mom · Jun 27, 2009

icerose said:
Okay, my question is on the legal side for a story. If a multiple murder in say like a robbery type situtation would the criminal then be tried in that small town, county, or at a higher state court. Especially if he was a repeat offender, like this was his third violent crime strike and he's facing the needle?

Most likely it would still stay local. It would be tried in the country where the offense occured unless it was determined that the defendant could not get a fair trial in that county, in which case it would be moved to another county. The "higher" state courts are really for appeals, not the initial trial. Murder would be tried in a district court.

icerose · Jun 27, 2009

Well I'm not sure if my first message will show up or not, hate internet hiccups. As I was saying, thanks, I just want my story to be as believable as possible and I simply don't know enough about the legal system to just guess.

Soccer Mom · Jun 27, 2009

No problem! It's always better to find out than guess.

MaryMumsy · Jun 27, 2009

Here in AZ all felony crimes are tried in county court. A lot would depend on the size of your county. Here in Maricopa County we have a population of over 3 million. It is possible to get a fair jury no matter the heinousness of the crime. If you are in a county with a small population, where all the potential jurors knew either the victims, the accused, or both, there would probably be a request for a change of venue to move the trial to a different county.

MM

jclarkdawe · Jun 27, 2009

It would be tried in the county or superior court (except for New York where it would be tried in the Supreme Court). Check with the town clerk or police department to determine the exact court it would go to. Change of venue doesn't change the level of the court, it changes the building that the trial is held in. Change of venue is never automatic and usually not granted. Seriousness of the felony doesn't change the courthouse.

Best of luck,

Jim Clark-Dawe

alleycat · Jun 27, 2009

Here in Tennessee criminal trials of that sort are held in the county courts.

I've served on juries for two murder trials and a robbery. Interesting experience (that I don't necessarily want to repeat).

icerose · Jun 27, 2009

Thanks guys, it's what I was hoping for!

RJK · Jun 27, 2009

I think you'll find that common throughout the U.S. Town courts and city courts handle misdemeanors and violations. Felonies would be tried in County courts. Felonies are burglary, robbery, kidnapping, grand larceny, arson, serious assaults, all homicides, most sex crimes, and most drug related crimes. I probably missed several crime categories, but you get the idea.
There are normally two levels of appeal. after conviction in County court. The last stop after that, is the U.S. Supreme Court.

Tsu Dho Nimh · Jun 27, 2009

icerose said:
Okay, my question is on the legal side for a story. If a multiple murder in say like a robbery type situtation would the criminal then be tried in that small town, county, or at a higher state court. Especially if he was a repeat offender, like this was his third violent crime strike and he's facing the needle?

Depends on the state. (yeah, helpful that is not, but accurate)

In AZ, all murders are tried in the county "Superior" courts of the county where the murder took place. Unless they get a change of venue, of course.

Look up the state's court system on the Internets.

Rabe · Jun 27, 2009

icerose said:
Okay, my question is on the legal side for a story. If a multiple murder in say like a robbery type situtation would the criminal then be tried in that small town, county, or at a higher state court. Especially if he was a repeat offender, like this was his third violent crime strike and he's facing the needle?

Where is the district court for the county located? Is it in that small town or another one?

For example, the town where I currently live has a justice court, not a district court. That judge hears misdemeanors. All felonies will then go to the county seat where the district court is located.

Rabe...

jclarkdawe · Jun 27, 2009

Rabe said:
Where is the district court for the county located? Is it in that small town or another one?

For example, the town where I currently live has a justice court, not a district court. That judge hears misdemeanors. All felonies will then go to the county seat where the district court is located.

Rabe...

In your case, the justice court is the district court. District courts can be called municipal courts, city courts, and a whole bunch of other names. There are probably several justice courts in your county.

Best of luck,

Jim Clark-Dawe

icerose · Jun 27, 2009

Rabe said:
Where is the district court for the county located? Is it in that small town or another one?

For example, the town where I currently live has a justice court, not a district court. That judge hears misdemeanors. All felonies will then go to the county seat where the district court is located.

Rabe...

I'm pretty sure ours is called the district court. They give them numbers so they can pinpoint the ones in the state, like the 5th district court or 7th district court.

I need it in a fairly small area because I need my felon to be able to overcome the security. Around here, you're lucky if you have a metal detector that's plugged in.

I walked through the "metal detector" with my keys, my purse and everything and neither of the whole two court security officers even checked me and the detector did not go off. The light wasn't even on to pretend it was turned on. Still in my story's case I'm going to have the metal detectors on and have the security more on their toes, but definitely not used to the magnitude of the case or the felon that has just walked through their doors.

Cyia · Jun 27, 2009

Here, we had a murder case reach national news a while back and it was determined that the local jury pool would be biased no matter what, so they moved the trial to another county

Small town murder

icerose

Lost in School Work

Soccer Mom

Crypto-fascist

icerose

Lost in School Work

Soccer Mom

Crypto-fascist

MaryMumsy

the original blond bombshell

jclarkdawe

Feeling lucky, Query?

alleycat

Still around

icerose

Lost in School Work

RJK

Sheriff Bullwinkle the Poet says:

Tsu Dho Nimh

Rabe

the living dead

jclarkdawe

Feeling lucky, Query?

icerose

Lost in School Work

Cyia

Rewriting My Destiny