Gray County Criminal Court handles all criminal cases that are filed in Gray County. See below for more information about criminal cases in Gray County.
Prosecutor in Gray County
In Gray County, the prosecutor is an attorney representing Gray County. In some cases, the prosecutor may actually represent Kansas. For the most part, the prosecutor in Gray County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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 Gray County a public defender will be appointed by the judge if you cannot afford private representation.
Required Court Appearances in Gray County
Any required court appearances in Gray 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.
Gray County Criminal Court hearings
Criminal hearings in Gray County will take place at the Gray County Criminal Courts. Please see here for a list of the Gray County Criminal Court Locations.
I need help for my Gray 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 Gray 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 Gray 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.
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.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Sentencing in Gray County
In Gray 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.
Jury Deliberations in Gray County
In Gray 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.
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.
Can I request a Plea Agreement?
In Gray 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.
Arraignments in Gray County
During an arraignment in Gray 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 Gray 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 Gray County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Gray County Criminal Court Locations
Gray County District Court
Address: 300 South Main Street, PO Box 487, Cimarron, KS 67835
Phone: 620-855-3812 Fax: 620-855-7037
Cimarron Municipal Court
Address: 119 South Main Street, Cimarron, KS 67835
Phone: 620-855-2215 Fax: 620-855-3183
Montezuma Municipal Court
Address: 300 West Geronimo Avenue, PO Box 378, Montezuma, KS 67867
Phone: 620-846-2267 Fax: 620-846-2984