Doniphan County Criminal Court handles all criminal cases that are filed in Doniphan County. See below for more information about criminal cases in Doniphan County.
Sentencing in Doniphan County
In Doniphan 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.
Required Court Appearances in Doniphan County
Any required court appearances in Doniphan 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.
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.
Prosecutor in Doniphan County
In Doniphan County, the prosecutor is an attorney representing Doniphan County. In some cases, the prosecutor may actually represent Kansas. For the most part, the prosecutor in Doniphan County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Doniphan County Criminal Court locations
Criminal proceedings take place in the Doniphan County Criminal Courts. A list of the criminal courts are located here.
Arraignments in Doniphan County
During an arraignment in Doniphan 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 Doniphan 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 Doniphan County the defendant may be sentenced at that time or the sentencing may take place at a later date.
In a jury trial in Doniphan 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.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a 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.
Who can help me in Doniphan County?
For general information about your case the Doniphan 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.
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Doniphan County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Doniphan County Criminal Court Locations
Doniphan County District Court
Address: 120 East Chestnut, PO Box 295, Troy, KS 66087
Phone: 785-985-3582 Fax: 785-985-2402
Elwood Municipal Court
Address: 803 Massachusetts Street, PO Box 357, Elwood, KS 66024
Phone: 913-365-6871 Fax: 913-365-0025
Highland Municipal Court
Address: 220 West Main Street, PO Box 387, Highland, KS 66035
Phone: 785-442-3765 Fax: 785-444-2489
Troy Municipal Court
Address: 137 West Walnut Street, PO Box 506, Troy, KS 66087
Phone: 785-985-2101 Fax: 785-985-3871
Wathena Municipal Court
Address: 206 St. Joseph Street, PO Box 27, Wathena, KS 66090
Phone: 785-989-4711 Fax: 785-989-4830