Ketchikan Gateway Borough Criminal Court handles all criminal cases that are filed in Ketchikan Gateway Borough. See below for more information about criminal cases in Ketchikan Gateway Borough.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Ketchikan Gateway Borough Criminal Court locations
Criminal proceedings take place in the Ketchikan Gateway Borough Criminal Courts. A list of the criminal courts are located here.
Ketchikan Gateway Borough Criminal Court
Ketchikan Gateway Borough Prosecutor
For criminal cases in Ketchikan Gateway Borough, the prosecutor will be a representative of Ketchikan Gateway Borough. The Ketchikan Gateway Borough 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.
Jury Deliberation
In a jury trial in Ketchikan Gateway Borough, 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.
Who can help me in Ketchikan Gateway Borough?
For general information about your case the Ketchikan Gateway Borough 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.
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.
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 Ketchikan Gateway Borough a public defender will be appointed by the judge if you cannot afford private representation.
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.
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.
Ketchikan Gateway Borough Arraignments
An arraignment is a court hearing. In Ketchikan Gateway Borough this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Ketchikan Gateway Borough 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 Ketchikan Gateway Borough 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.
Mandatory Appearances in Ketchikan Gateway Borough Criminal Court
At a mandatory or required court appearance in Ketchikan Gateway Borough, 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.
Can I request a Plea Agreement?
In Ketchikan Gateway Borough you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Ketchikan Gateway Borough Criminal Court Locations
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Ketchikan Superior Court
Address: 415 Main Street, Room 400, Ketchikan, AK 99901-6399
Phone: 907-225-3195 -
Ketchikan District Court
Address: 415 Main Street, Room 400, Ketchikan, AK 99901-6399
Phone: 907-225-3195