Owyhee County Criminal Court hears all criminal cases in Owyhee County. Below you will find specific information about criminal cases and how they are handled in Owyhee County.
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.
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.
Owyhee County Criminal Court
Required Court Appearances in Owyhee County
Any required court appearances in Owyhee 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.
Owyhee County Criminal Court locations
Criminal proceedings take place in the Owyhee County Criminal Courts. A list of the criminal courts are located here.
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.
Jury Deliberation
In a jury trial in Owyhee County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
I need help for my Owyhee 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 Owyhee 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 Owyhee 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.
Owyhee County Prosecutor
For criminal cases in Owyhee County, the prosecutor will be a representative of Owyhee County. The Owyhee 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.
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.
Arraignments in Owyhee County
During an arraignment in Owyhee 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 Owyhee 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 Owyhee County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Sentencing in Owyhee County
In Owyhee 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.
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.
Owyhee County Criminal Court Locations
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Owyhee County District Court
Address: 20381 State Highway 78, PO Box 128, Murphy, ID 83650
Phone: 208-495-2806 Fax: 208-495-1226 -
Owyhee County District Court – Homedale
Address: 31 West Wyoming Avenue, Homedale, ID 83628
Phone: 208-337-4540 Fax: 208-337-3035 -
Owyhee County Magistrate Court
Address: 20381 State Highway 78, PO Box 128, Murphy, ID 83650
Phone: 208-495-2806 Fax: 208-495-1226 -
Owyhee County Magistrate Court
Address: 31 West Wyoming Avenue, Homedale, ID 83628
Phone: 208-337-4540 Fax: 208-337-3035