Ellsworth County Criminal Court hears all criminal cases in Ellsworth County. Below you will find specific information about criminal cases and how they are handled in Ellsworth 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.
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.
Required Court Appearances in Ellsworth County
Any required court appearances in Ellsworth 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.
Jury Deliberations in Ellsworth County
In Ellsworth 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.
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.
Ellsworth County Criminal Court hearings
Criminal hearings in Ellsworth County will take place at the Ellsworth County Criminal Courts. Please see here for a list of the Ellsworth County Criminal Court Locations.
Who can help me in Ellsworth County?
For general information about your case the Ellsworth 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.
Ellsworth County Prosecutor
For criminal cases in Ellsworth County, the prosecutor will be a representative of Ellsworth County. The Ellsworth 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.
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.
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.
Arraignments in Ellsworth County
During an arraignment in Ellsworth 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 Ellsworth 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 Ellsworth County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Ellsworth County Criminal Court Locations
Ellsworth County District Court
Address: 210 North Kansas Avenue, Ellsworth, KS 67439
Phone: 785-472-4052 Fax: 785-472-5712
Ellsworth Municipal Court
Address: 121 West 1st Street, PO Box 163, Ellsworth, KS 67439
Phone: 785-472-5110 Fax: 785-472-5878
Holyrood Municipal Court
Address: 110 South Main, Holyrood, KS 67450
Phone: 785-252-3652 Fax: 785-252-3691
Kanapolis Municipal Court
Address: 119 North Kansas, PO Box 175, Kanopolis, KS 67454
Phone: 785-472-4732 Fax: 785-472-4278
Lorraine Municipal Court
Address: 239 Main Street, PO Box 63, Lorraine, KS 67459
Phone: 785-472-5582 Fax: 785-472-5289
Wilson Municipal Court
Address: 2407 Avenue E, PO Box J, Wilson, KS 67490
Phone: 785-658-2272 Fax: 785-658-2319