Hancock County Criminal Court handles all criminal cases that are filed in Hancock County. See below for more information about criminal cases in Hancock County.
Who can help me in Hancock County?
For general information about your case the Hancock 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.
Sentencing in Hancock County
In Hancock 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.
Hancock County Criminal Court
Mandatory Appearances in Hancock County Criminal Court
At a mandatory or required court appearance in Hancock 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.
Prosecutor in Hancock County
In Hancock County, the prosecutor is an attorney representing Hancock County. In some cases, the prosecutor may actually represent Kentucky. For the most part, the prosecutor in Hancock County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Hancock County Criminal Court locations
Criminal proceedings take place in the Hancock County Criminal Courts. A list of the criminal courts are located here.
Hancock County Arraignments
An arraignment is a court hearing. In Hancock County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Hancock 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 Hancock 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.
Jury Deliberation
In a jury trial in Hancock 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.
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
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.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
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 Hancock 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.
Hancock County Criminal Court Locations
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Hancock County Circuit Court
Address: 310 Hawesville School Drive, PO Box 250, Hawesville, KY 42348
Phone: 270-927-8144 Fax: 270-927-8629 -
Hancock County District Court
Address: 310 Hawesville School Drive, PO Box 250, Hawesville, KY 42348
Phone: 270-927-8144 Fax: 270-927-8629