Huerfano County Criminal Court handles all criminal cases that are filed in Huerfano County. See below for more information about criminal cases in Huerfano County.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Where can I get help for my Huerfano County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Huerfano County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Huerfano County Criminal Court
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.
What happens in Huerfano County at an arraignment?
In Huerfano 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.
Huerfano County Criminal Court hearings
Criminal hearings in Huerfano County will take place at the Huerfano County Criminal Courts. Please see here for a list of the Huerfano County Criminal Court Locations.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
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.
Mandatory Appearances in Huerfano County Criminal Court
At a mandatory or required court appearance in Huerfano County, 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.
Prosecutor in Huerfano County
In Huerfano County, the prosecutor is an attorney representing Huerfano County. In some cases, the prosecutor may actually represent Colorado. For the most part, the prosecutor in Huerfano County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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 Huerfano County a public defender will be appointed by the judge if you cannot afford private representation.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
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.
Huerfano County Criminal Court Locations
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Huerfano County District Court
Address: 401 Main Street, Suite 304, Walsenburg, CO 81089
Phone: 719-738-1040 Fax: 719-738-1267 -
County Court of Huerfano County
Address: 401 Main Street, Suite 304, Walsenburg, CO 81089
Phone: 719-738-1040 Fax: 719-738-1267 -
Walsenburg Municipal Court
Address: 525 South Albert Avenue, Walsenburg, CO 81089
Phone: 719-738-1048 Fax: 719-738-1875