Kay County Criminal Court hears all criminal cases in Kay County. Below you will find specific information about criminal cases and how they are handled in Kay County.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Kay County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
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.
Who can help me in Kay County?
For general information about your case the Kay 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.
Kay County Required Court Appearances
In Kay 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.
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.
Kay County Criminal Court locations
Criminal proceedings take place in the Kay County Criminal Courts. A list of the criminal courts are located here.
Who is the prosecutor for Kay County?
Depending upon the case, the prosecutor for Kay County criminal cases will either be a representative of Kay County or a representative from Oklahoma. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Arraignments in Kay County
During an arraignment in Kay 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 Kay 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 Kay County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Sentencing in Kay County
In Kay 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.
In a jury trial in Kay 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.
Kay County Criminal Court Locations
Kay County District Court – Blackwell
Address: 2nd & Blackwell Avenue, Blackwell, OK 74631
Kay County District Court – Newkirk
Address: 201 South Main Street, Newkirk, OK 74647
Kay County District Court – Ponca City
Address: 4th & Grand, 2nd Floor, Ponca City, OK 74604
Blackwell Municipal Court
Address: 221 West Blackwell Avenue, PO Box 350, Blackwell, OK 74631
Phone: 580-363-6421 Fax: 580-363-3091
Kaw City Municipal Court
Address: 900 Morgan Square East, Kaw City, OK 746431
Newkirk Municipal Court
Address: 107 West 7th Street, Newkirk, OK 74647
Ponca City Municipal Court
Address: 200 East Oklahoma Avenue, Ponca City, OK 74601
Phone: 580-767-0382 Fax: 580-767-0374
Tonkawa Municipal Court
Address: 113 South 7th Street, Tonkawa, OK 74653