Buchanan County Criminal Court handles all criminal cases that are filed in Buchanan County. See below for more information about criminal cases in Buchanan County.
Mandatory Appearances in Buchanan County Criminal Court
At a mandatory or required court appearance in Buchanan 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.
Buchanan County Prosecutor
For criminal cases in Buchanan County, the prosecutor will be a representative of Buchanan County. The Buchanan 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.
Buchanan County Criminal Court
Who can help me in Buchanan County?
For general information about your case the Buchanan 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.
Buchanan County Arraignments
An arraignment is a court hearing. In Buchanan County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Buchanan 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 Buchanan 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.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate 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 Buchanan County a public defender will be appointed by the judge if you cannot afford private representation.
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.
Can I request a Plea Agreement?
In Buchanan 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.
Buchanan County Criminal Court hearings
Criminal hearings in Buchanan County will take place at the Buchanan County Criminal Courts. Please see here for a list of the Buchanan County Criminal Court Locations.
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.
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.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Buchanan County Criminal Court Locations
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Buchanan County Circuit Court – 5th Judicial Circuit
Address: 411 Jules Street, Room 331, St. Joseph, MO 64501
Phone: 816-271-1462 Fax: 816-271-1538 -
Easton Municipal Court
Address: PO Box 75, Easton, MO 64443
Phone: 816-473-4571 Fax: 816-473-4571 -
St. Joseph Municipal Court
Address: 411 Jules Street, Box 10, St. Joseph, MO 64501
Phone: 816-271-4686 Fax: 816-271-4761