Floyd County Criminal Court hears all criminal cases in Floyd County. Below you will find specific information about criminal cases and how they are handled in Floyd County.
Where can I get help for my Floyd 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 Floyd 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.
Floyd County Criminal Court locations
Criminal proceedings take place in the Floyd County Criminal Courts. A list of the criminal courts are located here.
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.
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.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
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.
Prosecutor in Floyd County
In Floyd County, the prosecutor is an attorney representing Floyd County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Floyd County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Required Court Appearances in Floyd County
Any required court appearances in Floyd 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.
Floyd County Arraignments
An arraignment is a court hearing. In Floyd County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Floyd County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Floyd County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
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.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Floyd County Criminal Court Locations
Floyd County 110th District Court
Address: 105 S Main St, #207, Floydada TX 79235
Phone: 806-983-4923 Fax: 806-983-4938
Floyd County Constitutional Court
Address: 105 S Main St, #101, Floydada TX 79235
Phone: 806-983-4900 Fax: 806-983-4909
Floyd County Justice of the Peace Precincts 1 & 4
Address: 105 S Main St, #111, Floydada TX 79235
Phone: 806-983-4911 Fax: 806-983-5460
Floyd County Justice of the Peace Precincts 2 & 3
Address: PO Box 302, Lockney TX 79241
Phone: 806-652-3622 Fax: 806-983-3622
Floydada Municipal Court
Address: 114 W Virginia St, Floydada TX 79235
Lockney Municipal Court
Address: PO Box 302, Lockney TX 79241