White County Criminal Court handles all criminal cases that are filed in White County. See below for more information about criminal cases in White County.
Sentencing in White County
In White 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.
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.
White County Criminal Court
Who is the prosecutor for White County?
Depending upon the case, the prosecutor for White County criminal cases will either be a representative of White 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.
White County Required Court Appearances
In White County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
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.
White County Arraignments
An arraignment is a court hearing. In White County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in White 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 White 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.
White County Criminal Court locations
Criminal proceedings take place in the White County Criminal Courts. A list of the criminal courts are located here.
I need help for my White 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 White 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 White 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.
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.
Can I request a Plea Agreement?
In White County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Jury Deliberations in White County
In White 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.
White County Criminal Court Locations
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White County Circuit Court
Address: 110 N Main St, PO Box 350, Monticello IN 47960
Phone: 574-583-7032 Fax: 574-583-1532 -
White County Superior Court
Address: 110 N Main St, PO Box 350, Monticello IN 47960
Phone: 574-583-7032 Fax: 574-583-1532