Lee County Criminal Court hears all criminal cases in Lee County. Below you will find specific information about criminal cases and how they are handled in Lee County.
Arraignments in Lee County
During an arraignment in Lee 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 Lee 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 Lee County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Lee County Criminal Court
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Required Court Appearances in Lee County
Any required court appearances in Lee County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Lee County Criminal Court hearings
Criminal hearings in Lee County will take place at the Lee County Criminal Courts. Please see here for a list of the Lee County Criminal Court Locations.
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.
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.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Jury Deliberations in Lee County
In Lee 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.
Who can help me in Lee County?
For general information about your case the Lee 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.
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 Lee County?
Depending upon the case, the prosecutor for Lee County criminal cases will either be a representative of Lee 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.
Lee County Criminal Court Locations
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Lee County 21st District Court
Address: 289 S Main St, PO Box 176, Giddings TX 78942
Phone: 979-542-2947 Fax: 979-542-2444 -
Lee County 335th District Court
Address: 289 S Main St, PO Box 176, Giddings TX 78942
Phone: 979-542-2947 Fax: 979-542-2444 -
Lee County Constitutional Court
Address: 151 E Hempstead St, PO Box 419, Giddings TX 78942
Phone: 979-542-3684 Fax: 979-542-2623 -
Lee County Justice of the Peace Precinct 2
Address: 200 South Main St, #114, Giddings TX 78942
Phone: 979-542-3030 Fax: 979-542-0234 -
Lee County Justice of the Peace Precinct 3
Address: PO Box 587, Lexington TX 78947
Phone: 979-773-2267 Fax: 979-773-4221 -
Lee County Justice of the Peace Precinct 4
Address: PO Box 141, Dime Box TX 77853
Phone: 979-884-4001 Fax: 979-884-1501 -
Giddings Municipal Court
Address: 118 E Richmond St, Giddings TX 78942
Phone: 979-540-2707 -
Lexington Municipal Court
Address: PO Box 60, Lexington TX 78947
Phone: 979-773-2221