Hays County Criminal Court

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

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.

Where can I get help for my Hays 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 Hays 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.

Hays County Criminal Court

Hays County Criminal Court

What if I can’t afford an attorney?

The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.

Where will Hays County criminal case hearings take place?

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

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.

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.

Hays County Prosecutor

For criminal cases in Hays County, the prosecutor will be a representative of Hays County. The Hays County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.

Hays County Required Court Appearances

In Hays 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.

Can I request a Plea Agreement?

In Hays 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.

Hays County Arraignments

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

In Hays 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.

Hays County Criminal Court Locations

  • Hays County 22nd District Court

    Address: 712 S Stagecoach Trail, #2211, San Marcos TX 78666
    Phone: 512-393-7660

  • Hays County 207th District Court

    Address: 712 S Stagecoach Trail, #2211, San Marcos TX 78666
    Phone: 512-393-7660

  • Hays County 274th District Court

    Address: 712 S Stagecoach Trail, #2211, San Marcos TX 78666
    Phone: 512-393-7660

  • Hays County 428th District Court

    Address: 712 S Stagecoach Trail, #2211, San Marcos TX 78666
    Phone: 512-393-7660

  • Hays County Constitutional Court

    Address: 712 S Stagecoach Trail, #2008, San Marcos Texas 78666
    Phone: 512-393-7738 Fax: 512-393-7735

  • Hays County Court at Law No. 1

    Address: 712 S Stagecoach Trail, #2008, San Marcos TX 78666
    Phone: 512-393-7738 Fax: 512-393-7735

  • Hays County Court at Law No. 2

    Address: 712 S Stagecoach Trail, #2008, San Marcos TX 78666
    Phone: 512-393-7738 Fax: 512-393-7735

  • Hays County Justice of the Peace Precinct 1 – Place 1

    Address: 111 E San Antonio St, #201, San Marcos TX 78666
    Phone: 512-393-7871 Fax: 512-396-8416

  • Hays County Justice of the Peace Precinct 1 – Place 2

    Address: 712 S Stagecoach Trail, #2235, San Marcos TX 78666
    Phone: 512-393-7636

  • Hays County Justice of the Peace Precinct 2

    Address: 5458 FM 2770, Kyle TX 78640
    Phone: 512-268-3151

  • Hays County Justice of the Peace Precinct 3

    Address: 14306 Ranch Rd 12, #11, Wimberly TX 78676
    Phone: 512-847-2000 Fax: 512-847-7352

  • Hays County Justice of the Peace Precinct 4

    Address: 195 Roger Hanks Pkwy, Dripping Springs TX 78620
    Phone: 512-858-7446 Fax: 512-858-4779

  • Hays County Justice of the Peace Precinct 5

    Address: 500 Jack C. Hays Trail, PO Box 215, Buda TX 78610
    Phone: 512-295-2700

  • Buda Municipal Court

    Address: 121 Main St, PO Box 1218, Buda TX 78610
    Phone: 512-295-2562 Fax: 512-295-5981

  • Dripping Springs Municipal Court

    Address: 511 Mercer St, PO Box 384, Dripping Springs TX 78620
    Phone: 512-858-4725

  • Kyle Municipal Court

    Address: 100 W Center St, PO Box 40, Kyle TX 78640
    Phone: 512-262-3994 Fax: 512-262-3800

  • San Marcos Municipal Court

    Address: 630 E Hopkins St, San Marcos TX 78666
    Phone: 512-393-8190 Fax: 512-353-1743

  • Wimberley Municipal Court

    Address: PO Box 2027, Wimberley TX 78676
    Phone: 512-847-0025

  • Woodcreek Municipal Court

    Address: 41 Champions Circle, Woodcreek TX 78676
    Phone: 512-847-9390

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