Pottawatomie County Criminal Court hears all criminal cases in Pottawatomie County. Below you will find specific information about criminal cases and how they are handled in Pottawatomie County.
Where will Pottawatomie County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Pottawatomie County. See here for the location of the criminal courts in Pottawatomie County.
Mandatory Appearances in Pottawatomie County Criminal Court
At a mandatory or required court appearance in Pottawatomie 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.
Sentencing in Pottawatomie County
In Pottawatomie 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.
Who is the prosecutor for Pottawatomie County?
Depending upon the case, the prosecutor for Pottawatomie County criminal cases will either be a representative of Pottawatomie 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.
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.
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.
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.
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.
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.
In a jury trial in Pottawatomie 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.
Where can I get help for my Pottawatomie 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 Pottawatomie 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.
Pottawatomie County Arraignments
An arraignment is a court hearing. In Pottawatomie County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Pottawatomie 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 Pottawatomie 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.
Pottawatomie County Criminal Court Locations
Pottawatomie County District Court
Address: 325 North Broadway Street, Shawnee, OK 74801
Phone: 405-273-3624 Fax: 405-878-5525
Asher Municipal Court
Address: 117 W Main St , Asher, OK 74826
Maud Municipal Court
Address: 206 West Main Street, Maud, OK 74854
McLoud Municipal Court
Address: 408 West Broadway, McLoud, OK 74851
Phone: 405-964-5264 Fax: 405-964-5244
Shawnee Municipal Court
Address: 16 West 9th Street, Shawnee, OK 74801
Phone: 405-273-1250 Ext. 3 Fax: 405-878-1743
Tecumseh Municipal Court
Address: 114 North Broadway, Tecumseh, OK 74873
Phone: 405-598-2188 Ext. 119 Fax: 405-598-6760