Delaware County Criminal Court hears all criminal cases in Delaware County. Below you will find specific information about criminal cases and how they are handled in Delaware County.
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.
Required Court Appearances in Delaware County
Any required court appearances in Delaware 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.
Delaware County Criminal Court
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.
Delaware County Criminal Court hearings
Criminal hearings in Delaware County will take place at the Delaware County Criminal Courts. Please see here for a list of the Delaware County Criminal Court Locations.
Arraignments in Delaware County
During an arraignment in Delaware 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 Delaware 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 Delaware County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Jury Deliberations in Delaware County
In Delaware 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.
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.
Delaware County Prosecutor
For criminal cases in Delaware County, the prosecutor will be a representative of Delaware County. The Delaware 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.
Sentencing in Delaware County
In Delaware 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.
Who can help me in Delaware County?
For general information about your case the Delaware 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 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.
Delaware County Criminal Court Locations
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Delaware County Circuit Court No. 1
Address: 100 W Washington St, Muncie IN 47305
Phone: 765-747-7780 Fax: 765-741-5792 -
Delaware County Circuit Court No. 2
Address: 100 W Washington St, Muncie IN 47305
Phone: 765-747-7784 Fax: 765-747-7745 -
Delaware County Circuit Court No. 3
Address: 100 W Washington St, Muncie IN 47305
Phone: 765-747-7782 Fax: 765-747-7748 -
Delaware County Circuit Court No. 4
Address: 100 W Washington St, Muncie, IN 47305
Phone: 765-747-7770 Fax: 765-747-7833 -
Delaware County Circuit Court No. 5
Address: 100 W Washington St, Muncie IN 47305
Phone: 765-747-7772 Fax: 765-747-7834 -
Muncie City Court
Address: 300 N High St, Muncie IN 47305
Phone: 765-747-4703 Fax: 765-286-3592 -
Yorktown Town Court
Address: 9730 W Smith St, PO Box 157, Yorktown IN 47396
Phone: 765-759-4006 Fax: 765-759-4011