Sedgwick County Criminal Court handles all criminal cases that are filed in Sedgwick County. See below for more information about criminal cases in Sedgwick County.
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.
Sedgwick County Criminal Court hearings
Criminal hearings in Sedgwick County will take place at the Sedgwick County Criminal Courts. Please see here for a list of the Sedgwick County Criminal Court Locations.
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.
Who can help me in Sedgwick County?
For general information about your case the Sedgwick 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.
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.
Prosecutor in Sedgwick County
In Sedgwick County, the prosecutor is an attorney representing Sedgwick County. In some cases, the prosecutor may actually represent Colorado. For the most part, the prosecutor in Sedgwick County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Sedgwick County Arraignments
An arraignment is a court hearing. In Sedgwick County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Sedgwick County 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 Sedgwick County 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.
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.
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.
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.
Sedgwick County Required Court Appearances
In Sedgwick County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Can I request a Plea Agreement?
In Sedgwick County 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.
Sedgwick County Criminal Court Locations
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Sedgwick County District Court
Address: 315 Cedar Street, Julesburg, CO 80737
Phone: 970-474-3627 Fax: 970-474-2026 -
County Court of Sedgwick County
Address: 315 Cedar Street, Julesburg, CO 80737
Phone: 970-474-3627 Fax: 970-474-2026 -
Julesburg Municipal Court
Address: 100 West 2nd Street, Julesburg, CO 80737
Phone: 970-474-3344 Fax: 970-474-3345 -
Ovid Municipal Court
Address: PO Box 396, Ovid, CO 80744
Phone: 970-463-5446 Fax: 970-463-5447 -
Sedgwick Municipal Court
Address: PO Box 27, Sedgwick, CO 80749
Phone: 970-463-8814 Fax: 970-463-8814