Ellis County Criminal Court hears all criminal cases in Ellis County. Below you will find specific information about criminal cases and how they are handled in Ellis County.
Sentencing in Ellis County
In Ellis 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 Deliberation
In a jury trial in Ellis 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.
Who is the prosecutor for Ellis County?
Depending upon the case, the prosecutor for Ellis County criminal cases will either be a representative of Ellis County or a representative from Texas. 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.
Arraignments in Ellis County
During an arraignment in Ellis 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 Ellis 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 Ellis County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Mandatory Appearances in Ellis County Criminal Court
At a mandatory or required court appearance in Ellis 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.
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.
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.
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.
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.
Where will Ellis County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Ellis County. See here for the location of the criminal courts in Ellis County.
Can I request a Plea Agreement?
In Ellis County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Where can I get help for my Ellis 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 Ellis 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.
Ellis County Criminal Court Locations
-
Ellis County 40th District Court
Address: 109 S Jackson St, 2nd Floor, Waxahachie TX 75165
Phone: 972-825-5091 Fax: 972-825-5092 -
Ellis County 378th District Court
Address: 109 S Jackson St, 2nd Floor, Waxahachie TX 75165
Phone: 972-825-5091 Fax: 972-825-5092 -
Ellis County Constitutional Court
Address: 109 S Jackson St, 2nd Floor, PO Box 250, Waxahachie TX 75168
Phone: 972-825-5070 Fax: 972-825-5075 -
Ellis County Court at Law No. 1
Address: 109 S Jackson St, 2nd Floor, PO Box 250, Waxahachie TX 75168
Phone: 972-825-5070 Fax: 972-825-5075 -
Ellis County Court at Law No. 2
Address: 109 S Jackson St, 2nd Floor, PO Box 250, Waxahachie TX 75168
Phone: 972-825-5070 Fax: 972-825-5075 -
Ellis County Justice of the Peace Precinct 1
Address: 207 S Sonoma Trail, Ennis TX 75119
Phone: 972-875-5157 Fax: 972-875-6819 -
Ellis County Justice of the Peace Precinct 2
Address: 701 S I-35 East, #1, Waxahachie TX 75165
Phone: 972-825-5022 Fax: 972-825-5025 -
Ellis County Justice of the Peace Precinct 3
Address: 101 W Main St, #106, Waxahachie TX 75165
Phone: 972-825-5030 Fax: 972-825-5033 -
Ellis County Justice of the Peace Precinct 4
Address: 1150 N Highway 67, #100, Midlothian TX 76065
Phone: 972-775-3763 Fax: 972-723-8629 -
Bardwell Municipal Court
Address: PO Box 271, Bardwell, TX 75119
Phone: 972-646-5332 -
Ennis Municipal Court
Address: 119 W Brown St, PO Box 220, Ennis TX 75120
Phone: 972-875-4457 -
Ferris Municipal Court
Address: 104 S Central St, Ferris TX 75125
Phone: 972-842-2028 -
Garrett Municipal Court
Address: 208 N Ferris St, Garrett TX 75119
Phone: 972-875-5893 Fax: 972-875-0226 -
Italy Municipal Court
Address: Phone: 972-483-7329, x104 Fax: 972-483-2800
-
Maypearl Municipal Court
Address: 104 E Second St, PO Box 400, Maypearl TX 76064
Phone: 972-435-2380 Fax: 972-435-2082 -
Midlothian Municipal Court
Address: 1150 N Highway 67, #200, Midlothian TX 76065
Phone: 972-775-8932 -
Milford Municipal Court
Address: PO Box 26, Milford, TX 76670
Phone: 972-493-4193 -
Oak Leaf Municipal Court
Address: 301 Locust Dr, Oak Leaf TX 75154
Phone: 972-617-2660 -
Ovilla Municipal Court
Address: 105 S Cockrell Hill Rd, Ovilla TX 75154
Phone: 972-617-7262 Fax: 972-515-3221 -
Palmer Municipal Court
Address: 113 W Jefferson St, PO Box 489, Palmer TX 75152
Phone: 972-449-3272 -
Pecan Hill Municipal Court
Address: 1094 S Lowrance Rd, Pecan Hill TX 75154
Phone: 972-617-6274 Fax: 972-576-3174 -
Red Oak Municipal Court
Address: 101 Live Oak, Red Oak TX 75154
Phone: 469-218-7701 Fax: 469-218-1216 -
Waxahachie Municipal Court
Address: Phone: 972-937-7330, x262 Fax: 972-923-2726