Nemaha County Criminal Court handles all criminal cases that are filed in Nemaha County. See below for more information about criminal cases in Nemaha County.
Jury Deliberations in Nemaha County
In Nemaha 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.
Nemaha County Criminal Court hearings
Criminal hearings in Nemaha County will take place at the Nemaha County Criminal Courts. Please see here for a list of the Nemaha County Criminal Court Locations.
Sentencing in Nemaha County
In Nemaha 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 Nemaha County a public defender will be appointed by the judge if you cannot afford private representation.
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 Nemaha County
In Nemaha County, the prosecutor is an attorney representing Nemaha County. In some cases, the prosecutor may actually represent Kansas. For the most part, the prosecutor in Nemaha County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Required Court Appearances in Nemaha County
Any required court appearances in Nemaha 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.
Who can help me in Nemaha County?
For general information about your case the Nemaha 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.
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.
Nemaha County Arraignments
An arraignment is a court hearing. In Nemaha County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Nemaha County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Nemaha County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
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.
Nemaha County Criminal Court Locations
Nemaha County District Court
Address: 607 Nemaha Street, PO Box 213, Seneca, KS 66538
Phone: 785-336-2146 Fax: 785-336-6450
Centralia Municipal Court
Address: 517 4th Street, PO Box 247, Centralia KS 66415
Phone: 785-857-3764 Fax: 785-857-3372
Goff Municipal Court
Address: PO Box 104, Goff KS 66428
Sabetha Municipal Court
Address: 805 Main Street, PO Box 187, Sabetha KS 66534
Phone: 785-284-2158 Fax: 785-284-2112
Seneca Municipal Court
Address: 531 Main Street, Seneca, KS 66538
Wetmore Municipal Court
Address: 335 2nd Street, PO Box 248, Wetmore KS 66550
Phone: 785-866-2020 Fax: 785-866-2260