Pottawatomie County Criminal Court handles all criminal cases that are filed in Pottawatomie County. See below for more information about criminal cases in Pottawatomie County.
Can I request a Plea Agreement?
In Pottawatomie 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.
Prosecutor in Pottawatomie County
In Pottawatomie County, the prosecutor is an attorney representing Pottawatomie County. In some cases, the prosecutor may actually represent Kansas. For the most part, the prosecutor in Pottawatomie County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Pottawatomie County Criminal Court
Required Court Appearances in Pottawatomie County
Any required court appearances in Pottawatomie 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.
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.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Arraignments in Pottawatomie County
During an arraignment in Pottawatomie 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 Pottawatomie 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 Pottawatomie County the defendant may be sentenced at that time or the sentencing may take place at a later date.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Pottawatomie County Criminal Court hearings
Criminal hearings in Pottawatomie County will take place at the Pottawatomie County Criminal Courts. Please see here for a list of the Pottawatomie County Criminal Court Locations.
I need help for my Pottawatomie 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 Pottawatomie 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 Pottawatomie 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.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Jury Deliberations in Pottawatomie County
In Pottawatomie 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.
Sentencing in Pottawatomie County
In Pottawatomie 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.
Pottawatomie County Criminal Court Locations
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Pottawatomie County District Court
Address: 106 Main Street, PO Box 129, Westmoreland, KS 66549
Phone: 785-457-3392 Fax: 785-457-2107 -
Onaga Municipal Court
Address: 319 Prospect Street, PO Box 298, Onaga, KS 66521
Phone: 785-889-4456 Fax: 785-889-4918 -
St. George Municipal Court
Address: 205 1st Street, PO Box 33, St. George, KS 66535
Phone: 785-494-2558 Fax: 785-494-8413 -
St. Marys Municipal Court
Address: 200 South 7th Street, PO Box 130, St. Marys, KS 66536
Phone: 785-437-2311 Fax: 785-437-2354 -
Wamego Municipal Court
Address: 408 Elm Street, PO Box 86, Wamego, KS 66547
Phone: 785-456-7714 Fax: 785-456-6680