Garza County Criminal Court

Garza County Criminal Court handles all criminal cases that are filed in Garza County. See below for more information about criminal cases in Garza County.

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.

Garza County Criminal Court

Garza County Criminal Court

Garza County Arraignments

An arraignment is a court hearing. In Garza County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Garza 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 Garza 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.

Sentencing in Garza County

In Garza 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.

Mandatory Appearances in Garza County Criminal Court

At a mandatory or required court appearance in Garza 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 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.

Who is the prosecutor for Garza County?

Depending upon the case, the prosecutor for Garza County criminal cases will either be a representative of Garza 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.

Jury Deliberation

In a jury trial in Garza 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.

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 Garza County a public defender will be appointed by the judge if you cannot afford private representation.

Who can help me in Garza County?

For general information about your case the Garza County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.

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 Garza 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.

Where will Garza County criminal case hearings take place?

Criminal cases will take place at the criminal courts of Garza County. See here for the location of the criminal courts in Garza County.

Garza County Criminal Court Locations

  • Garza County 106th District Court

    Address: 300 W Main St, PO Box 366, Post TX 79356
    Phone: 806-495-4430 Fax: 806-495-4431

  • Garza County Constitutional Court

    Address: 300 W Main St, PO Box 366, Post TX 79356
    Phone: 806-495-4430 Fax: 806-495-4431

  • Garza County Justice of the Peace Precinct 1

    Address: 300 W Main St, Post TX 79356
    Phone: 806-495-4410 Fax: 806-495-4481

  • Garza County Justice of the Peace Precinct 2

    Address: 300 W Main St, Post TX 79356
    Phone: 806-495-4420 Fax: 806-495-4484

  • Post Municipal Court

    Address: 106 S Broadway St, Post TX 79356
    Phone: 806-990-3108

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