Milam County Criminal Court hears all criminal cases in Milam County. Below you will find specific information about criminal cases and how they are handled in Milam 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.
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.
Milam County Criminal Court hearings
Criminal hearings in Milam County will take place at the Milam County Criminal Courts. Please see here for a list of the Milam County Criminal Court Locations.
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.
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 Milam 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.
Where can I get help for my Milam 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 Milam 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.
In a jury trial in Milam 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.
Arraignments in Milam County
During an arraignment in Milam 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 Milam 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 Milam County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Prosecutor in Milam County
In Milam County, the prosecutor is an attorney representing Milam County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Milam County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Required Court Appearances in Milam County
Any required court appearances in Milam 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.
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.
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 Milam County a public defender will be appointed by the judge if you cannot afford private representation.
Milam County Criminal Court Locations
Milam County 20th District Court
Address: 102 S Fannin Ave, #5, Cameron TX 76520
Phone: 254-697-7052 Fax: 254-697-7056
Milam County Constitutional Court
Address: 107 W Main St, Cameron TX 76520
Phone: 254-697-7049 Fax: 254-697-7055
Milam County Justice of the Peace Precinct 1
Address: 512 N Jefferson, #C, Cameron TX 76520
Phone: 254-697-7004 Fax: 254-697-7005
Milam County Justice of the Peace Precinct 2
Address: 512 N Jefferson, #D, Cameron TX 76520
Phone: 254-697-7008 Fax: 254-697-7009
Milam County Justice of the Peace Precinct 3
Address: 313 N Main St, Rockdale TX 76567
Phone: 512-446-5214 Fax: 512-446-3098
Milam County Justice of the Peace Precinct 4
Address: 13 W Hwy 79, PO Box 337, Thorndale TX 76577
Phone: 512-898-5252 Fax: 512-898-5424
Buckholts Municipal Court
Address: PO Box 117, Buckholts TX 76518
Cameron Municipal Court
Address: 100 S Houston Ave, PO Box 833, Cameron TX 76520
Phone: 254-697-6646 Fax: 254-697-3040
Milano Municipal Court
Address: PO Box 41, Milano TX 76556
Rockdale Municipal Court
Address: 505 W Cameron Ave, Rockdale TX 76567
Phone: 512-446-0812 Fax: 512-446-6258
Thorndale Municipal Court
Address: PO Box 308, Thorndale TX 76577