Franklin County Criminal Court hears all criminal cases in Franklin County. Below you will find specific information about criminal cases and how they are handled in Franklin County.
Sentencing in Franklin County
In Franklin 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.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Franklin County a public defender will be appointed by the judge if you cannot afford private representation.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
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.
Where will Franklin County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Franklin County. See here for the location of the criminal courts in Franklin County.
Required Court Appearances in Franklin County
Any required court appearances in Franklin 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.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Arraignments in Franklin County
During an arraignment in Franklin 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 Franklin 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 Franklin County the defendant may be sentenced at that time or the sentencing may take place at a later date.
In a jury trial in Franklin 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.
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.
Prosecutor in Franklin County
In Franklin County, the prosecutor is an attorney representing Franklin County. In some cases, the prosecutor may actually represent Kansas. For the most part, the prosecutor in Franklin County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Where can I get help for my Franklin County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Franklin County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Franklin County Criminal Court Locations
Franklin County District Court
Address: 301 South Main Street, PO Box 637, Ottawa, KS 66067
Phone: 785-242-6000 Fax: 785-242-5970
Ottawa Municipal Court
Address: 715 West 2nd, Ottawa, KS 66067
Phone: 785-242-5333 Fax: 785-242-2564
Pomona Municipal Court
Address: 219 West A Street, PO Box 67, Pomona, KS 66076
Phone: 785-566-3522 Fax: 785-566-3851
Richmond Municipal Court
Address: 109 East Central, PO Box 174, Richmond, KS 66080
Phone: 785-835-6425 Fax: 785-835-6240
Wellsville Municipal Court
Address: 411 Main Street, Wellsville, KS 66092
Phone: 785-883-2296 Fax: 785-883-4797
Williamsburg Municipal Court
Address: 123 West William Street, PO Box 414, Williamsburg, KS 66095
Phone: 785-746-5578 Fax: 785-746-5687