Garden County Criminal Court

Garden County Criminal Court handles all criminal cases that are filed in Garden County. See below for more information about criminal cases in Garden County.

Sentencing in Garden County

In Garden 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.

Prosecutor in Garden County

In Garden County, the prosecutor is an attorney representing Garden County. In some cases, the prosecutor may actually represent Nebraska. For the most part, the prosecutor in Garden County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.

Garden County Criminal Court

Garden County Criminal Court

I need help for my Garden County criminal case

The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Garden County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Garden County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.

Garden County Arraignments

An arraignment is a court hearing. In Garden County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Garden 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 Garden 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 Garden 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.

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.

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.

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.

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.

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 Garden County a public defender will be appointed by the judge if you cannot afford private representation.

Mandatory Appearances in Garden County Criminal Court

At a mandatory or required court appearance in Garden 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.

Garden County Criminal Court hearings

Criminal hearings in Garden County will take place at the Garden County Criminal Courts. Please see here for a list of the Garden County Criminal Court Locations.

Garden County Criminal Court Locations

  • Garden County District Court

    Address: 611 Main Street, PO Box 486, Oshkosh, NE 69154
    Phone: 308-772-3924 Fax: 308-772-9926

  • County Court of Garden County

    Address: 611 Main Street, PO Box 465, Oshkosh, NE 69154
    Phone: 308-772-3696 Fax: 308-772-4143

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