Gonzales County Criminal Court hears all criminal cases in Gonzales County. Below you will find specific information about criminal cases and how they are handled in Gonzales County.
Can I request a Plea Agreement?
In Gonzales 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.
Gonzales County Criminal Court hearings
Criminal hearings in Gonzales County will take place at the Gonzales County Criminal Courts. Please see here for a list of the Gonzales County Criminal Court Locations.
Gonzales County Criminal Court
Jury Deliberation
In a jury trial in Gonzales 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.
Gonzales County Required Court Appearances
In Gonzales 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 Gonzales County
In Gonzales 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 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.
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 Gonzales County a public defender will be appointed by the judge if you cannot afford private representation.
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 Gonzales County?
Depending upon the case, the prosecutor for Gonzales County criminal cases will either be a representative of Gonzales 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.
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.
Who can help me in Gonzales County?
For general information about your case the Gonzales 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.
What happens in Gonzales County at an arraignment?
In Gonzales 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.
Gonzales County Criminal Court Locations
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Gonzales County 25th District Court
Address: 414 St. Joseph St, #300, Gonzales TX 78629
Phone: 830-672-2326 Fax: 830-672-9313 -
Gonzales County 2nd 25th District Court
Address: 414 St. Joseph St, #300, Gonzales TX 78629
Phone: 830-672-2326 Fax: 830-672-9313 -
Gonzales County Constitutional Court
Address: 1709 Sarah DeWitt Dr, PO Box 77, Gonzales Texas 78629
Phone: 830-672-2801 Fax: 830-672-2636 -
Gonzales County Justice of the Peace Precinct 1
Address: 414 St. Joseph St, #202, Gonzales TX 78629
Phone: 830-672-3734 Fax: 830-672-5296 -
Gonzales County Justice of the Peace Precinct 3
Address: 311 Highway 90 W, PO Box 127, Waelder TX 78959
Phone: 830-788-7762 Fax: 830-788-7650 -
Gonzales County Justice of the Peace Precinct 4
Address: PO Box 366, Nixon TX 78140
Phone: 830-582-1292 Fax: 830-582-1142 -
Gonzales Municipal Court
Address: 820 St. Joseph St, Gonzales TX 78629
Phone: 830-672-2815 Fax: 830-672-2813 -
Nixon Municipal Court
Address: PO Box 366, Nixon TX 78140
Phone: 830-582-1292 -
Smiley Municipal Court
Address: PO Box 366, Nixon TX 78140
Phone: 830-582-1292 -
Waelder Municipal Court
Address: PO Box 427, Waelder TX 78959
Phone: 830-788-7331