Smith County Criminal Court handles all criminal cases that are filed in Smith County. See below for more information about criminal cases in Smith County.
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.
Smith County Criminal Court locations
Criminal proceedings take place in the Smith County Criminal Courts. A list of the criminal courts are located here.
Who can help me in Smith County?
For general information about your case the Smith 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.
Smith County Prosecutor
For criminal cases in Smith County, the prosecutor will be a representative of Smith County. The Smith 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.
Can I request a Plea Agreement?
In Smith 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.
In a jury trial in Smith 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.
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.
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 Smith County a public defender will be appointed by the judge if you cannot afford private representation.
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.
What happens in Smith County at an arraignment?
In Smith 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.
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.
Mandatory Appearances in Smith County Criminal Court
At a mandatory or required court appearance in Smith 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.
Smith County Criminal Court Locations
Smith County District Court
Address: 218 South Grant, Smith Center, KS 66967
Phone: 785-282-5140 Fax: 785-282-5145
Lebanon Municipal Court
Address: 404 Main, PO Box 182, Lebanon, KS 66952
Phone: 785-389-1141 Fax: 785-389-1141
Smith Center Municipal Court
Address: 119 West Court, Smith Center, KS 66967
Phone: 785-282-3812 Fax: 785-282-6703