Montgomery County Criminal Court hears all criminal cases in Montgomery County. Below you will find specific information about criminal cases and how they are handled in Montgomery County.
What happens in Montgomery County at an arraignment?
In Montgomery County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
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.
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.
I need help for my Montgomery 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 Montgomery 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 Montgomery 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.
Required Court Appearances in Montgomery County
Any required court appearances in Montgomery 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.
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
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 Montgomery 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.
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.
In a jury trial in Montgomery 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.
Montgomery County Prosecutor
For criminal cases in Montgomery County, the prosecutor will be a representative of Montgomery County. The Montgomery 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.
Montgomery County Criminal Court locations
Criminal proceedings take place in the Montgomery County Criminal Courts. A list of the criminal courts are located here.
Montgomery County Criminal Court Locations
Montgomery County District Court
Address: 300 East Main Street, Suite 201, Independence, KS 67301
Phone: 620-330-1070 Fax: 620-331-6120
Montgomery County District Court
Address: 102 West 7th, Suite A, Coffeyville, KS 67337
Phone: 620-251-1060 Fax: 620-251-2734
Caney Municipal Court
Address: 100 West 4th, PO Box 129, Caney, KS 67333
Phone: 620-879-2772 Fax: 620-879-9808
Cherryvale Municipal Court
Address: 123 West Main Street, Cherryvale, KS 67335
Phone: 620-336-2776 Fax: 620-336-2104
Coffeyville Municipal Court
Address: 102 West 7th, PO Box 1629, Coffeyville, KS 67337
Phone: 620-252-6114 Fax: 620-252-6118
Elk City Municipal Court
Address: 114 North Montgomery Avenue, PO Box 245, Elk City, KS 67344
Phone: 620-627-2483 Fax: 620-627-2484
Independence Municipal Court
Address: 120 North 6th Street, Independence, KS 67301
Phone: 620-332-2503 Fax: 620-332-2511