Brazos County Criminal Court handles all criminal cases that are filed in Brazos County. See below for more information about criminal cases in Brazos County.
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.
Plea Agreements
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 Brazos 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.
Prosecutor in Brazos County
In Brazos County, the prosecutor is an attorney representing Brazos County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Brazos County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Where will Brazos County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Brazos County. See here for the location of the criminal courts in Brazos County.
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.
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.
Sentencing in Brazos County
In Brazos 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.
Where can I get help for my Brazos 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 Brazos 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.
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 Brazos County a public defender will be appointed by the judge if you cannot afford private representation.
Brazos County Required Court Appearances
In Brazos 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.
What happens in Brazos County at an arraignment?
In Brazos County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Brazos County Criminal Court Locations
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Brazos County 85th District Court
Address: 300 E 26th St, #1200, Bryan TX 77803
Phone: 979-361-4228 Fax: 979-361-0197 -
Brazos County 272nd District Court
Address: 300 E 26th St, #1200, Bryan TX 77803
Phone: 979-361-4228 Fax: 979-361-0197 -
Brazos County 361st District Court
Address: 300 E 26th St, #1200, Bryan TX 77803
Phone: 979-361-4228 Fax: 979-361-0197 -
Brazos County Constitutional Court
Address: 300 E 26th St, #120, Bryan TX 77803
Phone: 979-361-4128 -
Brazos County Court at Law No. 1
Address: 300 E 26th St, #210, Bryan TX 77803
Phone: 979-361-4250 -
Brazos County Court at Law No. 2
Address: 300 E 26th St, #214, Bryan TX 77803
Phone: 979-361-4260 Fax: 979-361-4514 -
Brazos County Justice of the Peace Precinct 1
Address: 12845 FM 2154, #180, College Station TX 77845
Phone: 979-695-0136 Fax: 979-695-0324 -
Brazos County Justice of the Peace Precinct 2 – Place 1
Address: 200 S Texas Ave, #126, Bryan TX 77803
Phone: 979-361-4370 Fax: 979-361-4373 -
Brazos County Justice of the Peace Precinct 2 – Place 2
Address: 200 S Texas Ave, #114, Bryan TX 77803
Phone: 979-361-4190 Fax: 979-361-4191 -
Brazos County Justice of the Peace Precinct 3
Address: 1500 George Bush Dr, College Station TX 77840
Phone: 979-693-2695 Fax: 979-764-1909 -
Brazos County Justice of the Peace Precinct 4
Address: 206 N Washington Ave, Bryan TX 77803
Phone: 979-361-4402 Fax: 979-361-4405 -
Bryan Municipal Court
Address: 401 S Tabor Ave, PO Box 1000, Bryan TX 77805
Phone: 979-209-5400 Fax: 979-731-1760 -
College Station Municipal Court
Address: 300 Krenek Tap Rd, College Station TX 77840
Phone: 979-764-3683 Fax: 979-764-3894