Deuel County Criminal Court handles all criminal cases that are filed in Deuel County. See below for more information about criminal cases in Deuel County.
Prosecutor in Deuel County
In Deuel County, the prosecutor is an attorney representing Deuel County. In some cases, the prosecutor may actually represent Nebraska. For the most part, the prosecutor in Deuel County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Where will Deuel County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Deuel County. See here for the location of the criminal courts in Deuel County.
Required Court Appearances in Deuel County
Any required court appearances in Deuel 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.
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.
Can I request a Plea Agreement?
In Deuel 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.
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.
Sentencing in Deuel County
In Deuel 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.
Where can I get help for my Deuel 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 Deuel 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.
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.
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.
In a jury trial in Deuel 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.
Arraignments in Deuel County
During an arraignment in Deuel 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 Deuel 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 Deuel County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Deuel County Criminal Court Locations
Deuel County District Court
Address: PO Box 327, Chappell, NE 69129
Phone: 308-874-3308 Fax: 308-874-3472
County Court of Deuel County
Address: PO Box 514, Chappell, NE 69129
Phone: 308-874-2909 Fax: 308-874-2412