Curry County Criminal Court handles all criminal cases that are filed in Curry County. See below for more information about criminal cases in Curry County.
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.
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.
Required Court Appearances in Curry County
Any required court appearances in Curry 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.
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 Curry County a public defender will be appointed by the judge if you cannot afford private representation.
Where can I get help for my Curry 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 Curry 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.
Where will Curry County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Curry County. See here for the location of the criminal courts in Curry County.
Sentencing in Curry County
In Curry 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.
Jury Deliberations in Curry County
In Curry County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
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.
Arraignments in Curry County
During an arraignment in Curry 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 Curry 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 Curry County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Prosecutor in Curry County
In Curry County, the prosecutor is an attorney representing Curry County. In some cases, the prosecutor may actually represent Oregon. For the most part, the prosecutor in Curry County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Curry County Criminal Court Locations
Curry County Circuit Court
Address: 94235 Moore Street, Suite 200, Gold Beach, OR 97444Γò¼├┤Γö£ΓûôΓö¼Γò¥╬ô├╢┬ú╬ô├╢├▒Γò¼├┤Γö£ΓòóΓö¼├║╬ô├╢┬úΓö¼ΓòæΓò¼├┤Γö£ΓòóΓö¼├║╬ô├╢┬╝╬ô├▓├╣ (Mailing Address)
Brookings Municipal Court
Address: 898 Elk Drive, Brookings, OR 97415
Phone: 541-469-1114 Fax: 541-469-3650
Gold Beach Municipal Court
Address: 29592 Ellensburg Avenue, Gold Beach, OR 97444
Port Orford Municipal Court
Address: 555 West 20th Street, PO Box 310, Port Orford, OR 97465