Linn County Criminal Court hears all criminal cases in Linn County. Below you will find specific information about criminal cases and how they are handled in Linn County.
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 Linn 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.
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.
Mandatory Appearances in Linn County Criminal Court
At a mandatory or required court appearance in Linn County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Who is the prosecutor for Linn County?
Depending upon the case, the prosecutor for Linn County criminal cases will either be a representative of Linn County or a representative from Kansas. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Where can I get help for my Linn 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 Linn 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.
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.
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.
Linn County Criminal Court hearings
Criminal hearings in Linn County will take place at the Linn County Criminal Courts. Please see here for a list of the Linn County Criminal Court Locations.
In a jury trial in Linn 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.
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 Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Arraignments in Linn County
During an arraignment in Linn 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 Linn 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 Linn County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Linn County Criminal Court Locations
Linn County District Court
Address: 318 Chestnut, PO Box 350, Mound City, KS 66056
Phone: 913-795-2660 Fax: 913-795-2004
Blue Mound Municipal Court
Address: 203 East Main Street, PO Box 100, Blue Mound, KS 66010
Phone: 913-756-2447 Fax: 913-756-2349
La Cygne Municipal Court
Address: 206 Commercial Street, La Cygne, KS 66040
Phone: 913-757-2144 Fax: 913-757-2372
Linn Valley Municipal Court
Address: 22412 East 2400 Road, Linn Valley, KS 66040
Phone: 913-757-2926 Fax: 913-757-2933
Parker Municipal Court
Address: 310 West Main Street, PO Box 137, Parker, KS 66072
Phone: 913-898-2710 Fax: 913-898-2704
Pleasanton Municipal Court
Address: 1608 Laurel Street, PO Box 399, Pleasanton, KS 66075
Phone: 913-352-8257 Fax: 913-352-8291
Prescott Municipal Court
Address: 343 East Main Street, PO Box 223, Prescott, KS 66767
Phone: 913-471-4521 Fax: 913-471-4621