Potter County Criminal Court handles all criminal cases that are filed in Potter County. See below for more information about criminal cases in Potter County.
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.
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.
Mandatory Appearances in Potter County Criminal Court
At a mandatory or required court appearance in Potter 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.
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.
Where can I get help for my Potter 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 Potter 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.
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.
Can I request a Plea Agreement?
In Potter 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.
Prosecutor in Potter County
In Potter County, the prosecutor is an attorney representing Potter County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Potter County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Arraignments in Potter County
During an arraignment in Potter 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 Potter 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 Potter 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.
Potter County Criminal Court hearings
Criminal hearings in Potter County will take place at the Potter County Criminal Courts. Please see here for a list of the Potter County Criminal Court Locations.
Jury Deliberations in Potter County
In Potter 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.
Potter County Criminal Court Locations
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Potter County 47th District Court
Address: 501 S Fillmore St, #1B, PO Box 9570, Amarillo TX 79105
Phone: 806-379-2300 -
Potter County 108th District CourtCourt
Address: 501 S Fillmore St, #1B, PO Box 9570, Amarillo TX 79105
Phone: 806-379-2300 -
Potter County 181st District Court
Address: 501 S Fillmore St, #1B, PO Box 9570, Amarillo TX 79105
Phone: 806-379-2300 -
Potter County 251st District Court
Address: 501 S Fillmore St, #1B, PO Box 9570, Amarillo TX 79105
Phone: 806-379-2300 -
Potter County 320th District Court
Address: 501 S Fillmore St, #1B, PO Box 9570, Amarillo TX 79105
Phone: 806-379-2300 -
Potter County Constitutional Court
Address: 500 S Fillmore St, #201, PO Box 9638, Amarillo TX 79105
Phone: 806-379-2280 Fax: 806-379-2296 -
Potter County Court at Law No. 1
Address: 500 S Fillmore St, #201, PO Box 9638, Amarillo TX 79105
Phone: 806-379-2280 Fax: 806-379-2296 -
Potter County Court at Law No. 2
Address: 500 S Fillmore St, #201, PO Box 9638, Amarillo TX 79105
Phone: 806-379-2280 Fax: 806-379-2296 -
Potter County Justice of the Peace Precinct 1
Address: 900 S Polk, #418, Amarillo TX 79101
Phone: 806-349-4880 Fax: 806-349-4887 -
Potter County Justice of the Peace Precinct 2
Address: 500 S Fillmore, #502, Amarillo TX 79101
Phone: 806-379-2390 Fax: 806-379-2845 -
Potter County Justice of the Peace Precinct 3
Address: 13651 I-40 West, PO Box 50487, Amarillo TX 79159
Phone: 806-355-3070 Fax: 806-352-0129 -
Potter County Justice of the Peace Precinct 4
Address: 500 S Fillmore St, #302A, Amarillo TX 79101
Phone: 806-379-2817 Fax: 806-379-2829 -
Amarillo Municipal Court
Address: 201 SE 4th Ave, PO Box 1366, Amarillo TX 79105
Phone: 806-378-9342 Fax: 806-378-9317