Prowers County Criminal Court handles all criminal cases that are filed in Prowers County. See below for more information about criminal cases in Prowers County.
Prowers County Prosecutor
For criminal cases in Prowers County, the prosecutor will be a representative of Prowers County. The Prowers County 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.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Prowers County Criminal Court
Mandatory Appearances in Prowers County Criminal Court
At a mandatory or required court appearance in Prowers 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.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
What happens in Prowers County at an arraignment?
In Prowers 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.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Sentencing in Prowers County
In Prowers 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.
Who can help me in Prowers County?
For general information about your case the Prowers 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.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Prowers County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
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.
Prowers County Criminal Court locations
Criminal proceedings take place in the Prowers County Criminal Courts. A list of the criminal courts are located here.
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.
Prowers County Criminal Court Locations
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Prowers County District Court
Address: 301 South Main Street, Suite 300, Lamar, CO 81052
Phone: 719-336-7424 Fax: 719-336-8976 -
County Court of Prowers County
Address: 301 South Main Street, Suite 300, Lamar, CO 81052
Phone: 719-336-7424 Fax: 719-336-8976 -
Granada Municipal Court
Address: 103 South Main Street, PO Box 258, Granada, CO 81041
Phone: 719-734-5411 Fax: 719-734-5036 -
Holly Municipal Court
Address: 100 Tony Garcia Drive, PO Box 458, Holly, CO 81047
Phone: 719-537-6622 Fax: 719-537-6621 -
Lamar Municipal Court
Address: 505 South Main Street, Lamar, CO 81052
Phone: 719-336-1368 Fax: 719-336-5501 -
Wiley Municipal Court
Address: 304 Main Street, PO Box 519, Wiley, CO 81092
Phone: 719-829-4974 Fax: 719-829-4974