Nez Perce County Criminal Court hears all criminal cases in Nez Perce County. Below you will find specific information about criminal cases and how they are handled in Nez Perce County.
Required Court Appearances in Nez Perce County
Any required court appearances in Nez Perce County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
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.
Nez Perce County Criminal Court
Nez Perce County Criminal Court hearings
Criminal hearings in Nez Perce County will take place at the Nez Perce County Criminal Courts. Please see here for a list of the Nez Perce 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.
Arraignments in Nez Perce County
During an arraignment in Nez Perce County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Nez Perce County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Nez Perce County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Prosecutor in Nez Perce County
In Nez Perce County, the prosecutor is an attorney representing Nez Perce County. In some cases, the prosecutor may actually represent Idaho. For the most part, the prosecutor in Nez Perce County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
I need help for my Nez Perce County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Nez Perce County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Nez Perce County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Sentencing in Nez Perce County
In Nez Perce 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.
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 Nez Perce County a public defender will be appointed by the judge if you cannot afford private representation.
Nez Perce County Criminal Court Locations
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Nez Perce County District Court
Address: 1230 Main Street, PO Box 896, Lewiston, ID 83501
Phone: 208-799-3020 Fax: 208-799-3070 -
Nez Perce County Magistrate Court
Address: 1230 Main Street, PO Box 896, Lewiston, ID 83501
Phone: 208-799-3020 Fax: 208-799-3070