Gilchrist County Criminal Court hears all criminal cases in Gilchrist County. Below you will find specific information about criminal cases and how they are handled in Gilchrist County.
Sentencing in Gilchrist County
In Gilchrist 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.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Gilchrist County Criminal Court
Gilchrist County Arraignments
An arraignment is a court hearing. In Gilchrist County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Gilchrist 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 Gilchrist 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.
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.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Prosecutor in Gilchrist County
In Gilchrist County, the prosecutor is an attorney representing Gilchrist County. In some cases, the prosecutor may actually represent Florida. For the most part, the prosecutor in Gilchrist County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Gilchrist County Criminal Court hearings
Criminal hearings in Gilchrist County will take place at the Gilchrist County Criminal Courts. Please see here for a list of the Gilchrist County Criminal Court Locations.
Mandatory Appearances in Gilchrist County Criminal Court
At a mandatory or required court appearance in Gilchrist 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.
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.
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 Gilchrist 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.
Who can help me in Gilchrist County?
For general information about your case the Gilchrist 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.
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.
Gilchrist County Criminal Court Locations
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Gilchrist County Circuit Court
Address: 112 South Main Street, PO Box 37, Trenton, FL 32693
Phone: 352-463-3170 Fax: 352-463-3166 -
County Court of Gilchrist County
Address: 112 South Main Street, PO Box 37, Trenton, FL 32693
Phone: 352-463-3170 Fax: 352-463-3166