Midland County Criminal Court handles all criminal cases that are filed in Midland County. See below for more information about criminal cases in Midland County.
Where can I get help for my Midland 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 Midland 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.
Midland County Prosecutor
For criminal cases in Midland County, the prosecutor will be a representative of Midland County. The Midland 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.
Midland County Criminal Court
Arraignments in Midland County
During an arraignment in Midland 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 Midland 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 Midland County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Midland County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
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 Midland County a public defender will be appointed by the judge if you cannot afford private representation.
Midland County Criminal Court hearings
Criminal hearings in Midland County will take place at the Midland County Criminal Courts. Please see here for a list of the Midland County Criminal Court Locations.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the 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.
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.
Mandatory Appearances in Midland County Criminal Court
At a mandatory or required court appearance in Midland 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.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Midland County Criminal Court Locations
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Midland County 142nd District Court
Address: 500 N Lorraine St, #300, Midland TX 79701
Phone: 432-688-4500 Fax: 432-688-4934 -
Midland County 238th District Court
Address: 500 N Lorraine St, #300, Midland TX 79701
Phone: 432-688-4500 Fax: 432-688-4934 -
Midland County 318th District Court
Address: 500 N Lorraine St, #300, Midland TX 79701
Phone: 432-688-4500 Fax: 432-688-4934 -
Midland County 385th District Court
Address: 500 N Lorraine St, #300, Midland TX 79701
Phone: 432-688-4500 Fax: 432-688-4934 -
Midland County 441st District Court
Address: 500 N Lorraine St, #300, Midland TX 79701
Phone: 432-688-4500 Fax: 432-688-4934 -
Midland County Constitutional Court
Address: 500 N Lorraine St, PO Box 1350, Midland TX 79702
Phone: 432-688-4402 Fax: 432-688-4926 -
Midland County Court at Law
Address: 500 N Lorraine St, PO Box 1350, Midland TX 79702
Phone: 432-688-4402 Fax: 432-688-4926 -
Midland County Court at Law No. 2
Address: 500 N Lorraine St, PO Box 1350, Midland TX 79702
Phone: 432-688-4402 Fax: 432-688-4926 -
Midland County Justice of the Peace Precinct 1
Address: 400 S Main St, Midland TX 79701
Phone: 432-688-4721 Fax: 432-688-4960 -
Midland County Justice of the Peace Precinct 2
Address: 707 W Washington, Midland TX 79701
Phone: 432-688-4722 Fax: 432-688-4949 -
Midland County Justice of the Peace Precinct 3
Address: 400 S Main St, Midland TX 79701
Phone: 432-688-4723 Fax: 432-688-4960 -
Midland County Justice of the Peace Precinct 4
Address: 707 W Washington, Midland TX 79701
Phone: 432-688-4724 Fax: 432-688-4949 -
Midland Municipal Court
Address: 406 E Illinois, PO Box 1152, Midland TX 79702
Phone: 432-685-7314