Lincoln County Criminal Court hears all criminal cases in Lincoln County. Below you will find specific information about criminal cases and how they are handled in Lincoln County.
Who is the prosecutor for Lincoln County?
Depending upon the case, the prosecutor for Lincoln County criminal cases will either be a representative of Lincoln County or a representative from Oregon. 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.
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.
Lincoln County Criminal Court
Lincoln County Criminal Court hearings
Criminal hearings in Lincoln County will take place at the Lincoln County Criminal Courts. Please see here for a list of the Lincoln County Criminal Court Locations.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
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.
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 Lincoln County
During an arraignment in Lincoln 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 Lincoln 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 Lincoln County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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 Lincoln County a public defender will be appointed by the judge if you cannot afford private representation.
Sentencing in Lincoln County
In Lincoln 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.
I need help for my Lincoln 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 Lincoln 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 Lincoln 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.
Mandatory Appearances in Lincoln County Criminal Court
At a mandatory or required court appearance in Lincoln 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.
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.
Lincoln County Criminal Court Locations
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Lincoln County Circuit Court
Address: 225 West Olive Street, PO Box 100, Newport, OR 97365
Phone: 541-265-4236 Fax: 541-265-7561 -
Newport Municipal Court
Address: 169 SW Coast Highway, Newport, OR 97365
Phone: 541-574-0616 -
Toledo Municipal Court
Address: Phone: 541-336-2247, Ext. 105 Fax: 541-336-3512
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Waldport Municipal Court
Address: 125 Alsea Highway, PO Box 1120, Waldport, OR 97394
Phone: 541-264-7417 Ext. 101 Fax: 541-264-7418 -
Yachats Municipal Court
Address: 441 Highway 101 North, PO Box 345, Yachats, OR 97498
Phone: 541-547-3565