Sumner County Criminal Court handles all criminal cases that are filed in Sumner County. See below for more information about criminal cases in Sumner County.
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.
Sumner County Arraignments
An arraignment is a court hearing. In Sumner County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Sumner 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 Sumner 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.
Sumner County Criminal Court locations
Criminal proceedings take place in the Sumner County Criminal Courts. A list of the criminal courts are located here.
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 Sumner County a public defender will be appointed by the judge if you cannot afford private representation.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Sumner County Required Court Appearances
In Sumner County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
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.
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.
Can I request a Plea Agreement?
In Sumner 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.
Sumner County Prosecutor
For criminal cases in Sumner County, the prosecutor will be a representative of Sumner County. The Sumner 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.
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.
Where can I get help for my Sumner 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 Sumner 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.
Sumner County Criminal Court Locations
Sumner County District Court
Address: 501 North Washington, PO Box 399, Wellington, KS 67152
Phone: 620-326-5936 Fax: 620-326-5365
Argonia Municipal Court
Address: 210 South Main Street, PO Box 35, Argonia, KS 67004
Phone: 620-435-6417 Fax: 620-435-6962
Belle Plaine Municipal Court
Address: 401 North Merchant Street, PO Box 157, Belle Plaine, KS 67013
Phone: 620-488-3525 Fax: 620-488-3390
Caldwell Municipal Court
Address: 14 West Central Avenue, Caldwell, KS 67022
Phone: 620-845-6514 Fax: 620-845-6524
Conway Springs Municipal Court
Address: 208 West Spring Avenue, PO Box 187, Conway Springs, KS 67031
Phone: 620-456-2345 Fax: 620-456-3294
Oxford Municipal Court
Address: 115 South Sumner, PO Box 337, Oxford, KS 67119
Phone: 620-455-2223 Fax: 620-455-2917
South Haven Municipal Court
Address: 231 South Main Street, PO Box 130, South Haven, KS 67140
Wellington Municipal Court
Address: 317 South Washington Avenue, Wellington, KS 67152
Phone: 620-326-2791 Fax: 620-326-8506