Hardeman County Criminal Court hears all criminal cases in Hardeman County. Below you will find specific information about criminal cases and how they are handled in Hardeman County.
Hardeman County Arraignments
An arraignment is a court hearing. In Hardeman County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Hardeman 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 Hardeman 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.
Can I request a Plea Agreement?
In Hardeman 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.
Hardeman County Criminal Court
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 Hardeman County a public defender will be appointed by the judge if you cannot afford private representation.
I need help for my Hardeman County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Hardeman County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Hardeman County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Prosecutor in Hardeman County
In Hardeman County, the prosecutor is an attorney representing Hardeman County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Hardeman County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Hardeman County Criminal Court hearings
Criminal hearings in Hardeman County will take place at the Hardeman County Criminal Courts. Please see here for a list of the Hardeman County Criminal Court Locations.
Sentencing in Hardeman County
In Hardeman 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.
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.
Mandatory Appearances in Hardeman County Criminal Court
At a mandatory or required court appearance in Hardeman 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 Deliberation
In a jury trial in Hardeman 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.
Hardeman County Criminal Court Locations
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Hardeman County 46th District Court
Address: PO Box 30, Quanah TX 79252
Phone: 940-663-2901 Fax: 940-663-5161 -
Hardeman County Constitutional Court
Address: PO Box 30, Quanah TX 79252
Phone: 940-663-2901 Fax: 940-663-5161 -
Hardeman County Justice of the Peace
Address: PO Box 607, Quanah TX 79252
Phone: 940-663-5932 Fax: 940-663-5947 -
Chillicothe Municipal Court
Address: PO Box 546, Chillicothe TX 79225
Phone: 940-852-5211 -
Quanah Municipal Court
Address: 109 King St, PO Box 629, Quanah TX 79252
Phone: 940-663-5336