Callahan County Criminal Court hears all criminal cases in Callahan County. Below you will find specific information about criminal cases and how they are handled in Callahan County.
Jury Deliberations in Callahan County
In Callahan 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.
Callahan County Criminal Court hearings
Criminal hearings in Callahan County will take place at the Callahan County Criminal Courts. Please see here for a list of the Callahan County Criminal Court Locations.
Callahan County Required Court Appearances
In Callahan 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.
Sentencing in Callahan County
In Callahan 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.
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 Callahan 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 Callahan County
In Callahan County, the prosecutor is an attorney representing Callahan County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Callahan County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Where can I get help for my Callahan 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 Callahan 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.
Arraignments in Callahan County
During an arraignment in Callahan 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 Callahan 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 Callahan County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
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.
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.
Callahan County Criminal Court Locations
Callahan County 42nd District Court
Address: 100 W Fourth St, #300, Baird TX 79504
Phone: 325-854-5825 Fax: 325-854-5826
Callahan County Constitutional Court
Address: 100 W Fourth St, #104, Baird TX 79504
Phone: 325-854-5815 Fax: 325-854-5816
Callahan County Justice of the Peace Precinct 1
Address: PO Box 86, Clyde TX 79510
Phone: 325-893-4900 Fax: 325-893-4470
Callahan County Justice of the Peace Precinct 3
Address: 100 W Fourth St, #209, Baird TX 79504
Phone: 325-854-5830 Fax: 325-854-5831
Callahan County Justice of the Peace Precinct 4
Address: 424 S Main, PO Box 273, Cross Plains TX 76443
Phone: 254-725-7456 Fax: 254-725-6606
Baird Municipal Court
Address: 328 Market St, Baird TX 79504
Clyde Municipal Court
Address: 222 Oak St, PO Box 1155, Clyde TX 79510
Phone: 325-893-3109 Fax: 325-893-5010
Cross Plains Municipal Court
Address: PO Box 129, Cross Plains TX 76443