DeKalb County Criminal Court hears all criminal cases in DeKalb County. Below you will find specific information about criminal cases and how they are handled in DeKalb County.
Who is the prosecutor for DeKalb County?
Depending upon the case, the prosecutor for DeKalb County criminal cases will either be a representative of DeKalb County or a representative from Indiana. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Arraignments in DeKalb County
During an arraignment in DeKalb 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 DeKalb 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 DeKalb County the defendant may be sentenced at that time or the sentencing may take place at a later date.
DeKalb County Criminal Court
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.
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.
Sentencing in DeKalb County
In DeKalb 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.
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.
Jury Deliberations in DeKalb County
In DeKalb County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Mandatory Appearances in DeKalb County Criminal Court
At a mandatory or required court appearance in DeKalb 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.
DeKalb County Criminal Court locations
Criminal proceedings take place in the DeKalb County Criminal Courts. A list of the criminal courts are located here.
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.
Where can I get help for my DeKalb County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for DeKalb County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
DeKalb County Criminal Court Locations
-
Dekalb County Circuit Court
Address: 100 S Main St, PO Box 230, Auburn IN 46706
Phone: 260-925-0912 Fax: 260-925-5126 -
Dekalb County Superior Court No. 1
Address: 100 S Main St, PO Box 230, Auburn IN 46706
Phone: 260-925-0912 Fax: 260-925-5126 -
Dekalb County Superior Court No. 2
Address: 100 S Main St, PO Box 230, Auburn IN 46706
Phone: 260-925-0912 Fax: 260-925-5126 -
Butler City Court
Address: 217 S Broadway, Butler IN 46721
Phone: 260-868-2441 Fax: 260-868-5524