Henderson County Criminal Court handles all criminal cases that are filed in Henderson County. See below for more information about criminal cases in Henderson County.
Prosecutor in Henderson County
In Henderson County, the prosecutor is an attorney representing Henderson County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Henderson County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Where will Henderson County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Henderson County. See here for the location of the criminal courts in Henderson County.
Henderson County Required Court Appearances
In Henderson 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.
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.
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.
Can I request a Plea Agreement?
In Henderson 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.
Jury Deliberations in Henderson County
In Henderson County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
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.
I need help for my Henderson 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 Henderson 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 Henderson 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.
Arraignments in Henderson County
During an arraignment in Henderson County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Henderson County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Henderson County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Henderson County Criminal Court Locations
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Henderson County 3rd District Court
Address: 100 E Tyler St, #203, Athens TX 75751
Phone: 903-675-6115 -
Henderson County 173rd District Court
Address: 100 E Tyler St, #203, Athens TX 75751
Phone: 903-675-6115 -
Henderson County 392nd District Court
Address: 100 E Tyler St, #203, Athens TX 75751
Phone: 903-675-6115 -
Henderson County Constitutional Court
Address: 100 N Prairieville St, #101, PO Box 632, Athens TX 75751
Phone: 903-675-6140 Fax: 903-675-6105 -
Henderson County Court at Law No. 1
Address: 100 N Prairieville St, #101, PO Box 632, Athens TX 75751
Phone: 903-675-6140 Fax: 903-675-6105 -
Henderson County Court at Law No. 2
Address: 100 N Prairieville St, #101, PO Box 632, Athens TX 75751
Phone: 903-675-6140 Fax: 903-675-6105 -
Henderson County Justice of the Peace Precinct 1
Address: 100 E Tyler St, Athens TX 75751
Phone: 903-677-6373 Fax: 903-677-6376 -
Henderson County Justice of the Peace Precinct 2
Address: PO Box 43672, Seven Points TX 75143
Phone: 903-432-4334 Fax: 903-432-2517 -
Henderson County Justice of the Peace Precinct 3
Address: PO Box 835, Chandler TX 75758
Phone: 903-849-2222 Fax: 903-849-6111 -
Henderson County Justice of the Peace Precinct 4
Address: PO Box 110, Poynor TX 75782
Phone: 903-876-2711 Fax: 903-876-2867 -
Henderson County Justice of the Peace Precinct 5
Address: PO Box 885, Malakoff TX 75148
Phone: 903-489-0474 Fax: 903-489-1454 -
Athens Municipal Court
Address: 501 N Pinkerton St, Athens TX 75751
Phone: 903-675-8910 Fax: 903-675-3491 -
Berryville Municipal Court
Address: PO Box 908, Frankston TX 75763
Phone: 903-876-3763 -
Brownsboro Municipal Court
Address: PO Box 303, Brownsboro TX 75756
Phone: 903-852-6761 -
Caney City Municipal Court
Address: 15241 Barron Rd, Caney City TX 75148
Phone: 903-489-1844 -
Chandler Municipal Court
Address: 811 Hwy 31 E , PO Box 425, Chandler TX 75758
Phone: 903-849-6853 Fax: 903-849-4663 -
Coffee City Municipal Court
Address: 7019 Pleasant Ridge Rd, PO Box 716, Frankston TX 75763
Phone: 903-876-3414 Fax: 903-876-2433 -
Eustace Municipal Court
Address: 107 Edgar St, PO Box 579, Eustace TX 75124
Phone: 903-425-6614 -
Gun Barrel City Municipal Court
Address: 298 Municipal Dr, Gun Barrel City TX 75156
Phone: 903-887-4990 Fax: 903-887-0558 -
Log Cabin Municipal Court
Address: 14387 Alamo Rd, Log Cabin TX 75148
Phone: 903-489-4204 Fax: 903-489-0240 -
Malakoff Municipal Court
Address: 109 S Melton Dr, Malakoff TX 75148
Phone: 903-489-3472 Fax: 903-489ΓÇô2517 -
Payne Springs Municipal Court
Address: 9692 State Highway 198 S, #2, Payne Springs TX 75156
Phone: 903-451-9110 -
Seven Points Municipal Court
Address: PO Box 43233, Seven Points TX 75143
Phone: 903-432-3176 -
Star Harbor Municipal Court
Address: PO Box 949, Malakoff TX 75148
Phone: 903-489-0091 -
Tool Municipal Court
Address: Phone: 903-432-3522, x108
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Trinidad Municipal Court
Address: 212 Park St, PO Box 345, Trinidad TX 75163
Phone: 903-778-4545 Fax: 903-778-2754