Butler County Criminal Court hears all criminal cases in Butler County. Below you will find specific information about criminal cases and how they are handled in Butler County.
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 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.
Butler County Criminal Court hearings
Criminal hearings in Butler County will take place at the Butler County Criminal Courts. Please see here for a list of the Butler County Criminal Court Locations.
Prosecutor in Butler County
In Butler County, the prosecutor is an attorney representing Butler County. In some cases, the prosecutor may actually represent Kansas. For the most part, the prosecutor in Butler County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Butler County Required Court Appearances
In Butler 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.
Who can help me in Butler County?
For general information about your case the Butler 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.
Arraignments in Butler County
During an arraignment in Butler 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 Butler 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 Butler County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Jury Deliberations in Butler County
In Butler 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.
Butler County Criminal Court Locations
Butler County District Court
Address: 201 West Pine, El Dorado, KS 67042
Phone: 316-322-4358 Fax: 316-322-4310
Andover Municipal Court
Address: 909 North Andover Road, Andover, KS 67002
Phone: 316-733-4510 Fax: 316-733-4584
Augusta Municipal Court
Address: 2100 North Ohio, PO Box 489, Augusta, KS 67010
Phone: 316-775-4500 Ext. 105 Fax: 316-775-4565
Benton Municipal Court
Address: 154 South Main Street, PO Box 388, Benton, KS 67017
Phone: 316-778-1625 Fax: 316-778-1687
Douglass Municipal Court
Address: 322 South Forrest, PO Box 412, Douglass, KS 67039
Phone: 316-747-2109 Fax: 316-747-3159
El Dorado Municipal Court
Address: 128 North Vine Street, El Dorado, KS 67042
Phone: 316-321-9120 Fax: 316-321-1456
Leon Municipal Court
Address: 111 South Main Street, Leon, KS 67074
Phone: 316-742-3438 Fax: 316-742-3371
Potwin Municipal Court
Address: 207 North Randall Street, PO Box 265, Potwin, KS 67123
Phone: 620-752-3422 Fax: 620-752-3324
Rose Hill Municipal Court
Address: 125 West Rosewood, PO Box 185, Rose Hill, KS 67133
Phone: 316-776-3000 Fax: 316-776-0260
Towanda Municipal Court
Address: 110 South 3rd Street, PO Box 160, Towanda, KS 67144
Phone: 316-536-2243 Fax: 316-536-2737
Whitewater Municipal Court
Address: 201 South Elm, PO Box 149, Whitewater, KS 67154
Phone: 316-799-2445 Fax: 316-799-2016