Presidio County Criminal Court hears all criminal cases in Presidio County. Below you will find specific information about criminal cases and how they are handled in Presidio County.
Jury Deliberations in Presidio County
In Presidio 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 is the prosecutor for Presidio County?
Depending upon the case, the prosecutor for Presidio County criminal cases will either be a representative of Presidio 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.
Arraignments in Presidio County
During an arraignment in Presidio 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 Presidio 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 Presidio County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
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.
Required Court Appearances in Presidio County
Any required court appearances in Presidio 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.
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.
Presidio County Criminal Court hearings
Criminal hearings in Presidio County will take place at the Presidio County Criminal Courts. Please see here for a list of the Presidio County Criminal Court Locations.
Where can I get help for my Presidio 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 Presidio 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.
Sentencing in Presidio County
In Presidio County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
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.
Presidio County Criminal Court Locations
Presidio County 394th District Court
Address: 320 N Highland Ave, PO Box 789, Marfa TX 79843
Phone: 432-729-3857 Fax: 432-729-4313
Presidio County Constitutional Court
Address: 320 N Highland Ave, PO Box 789, Marfa TX 79843
Phone: 432-729-4812 Fax: 432-729-4313
Presidio County Justice of the Peace Precinct 1
Address: 300 N. Highland, PO Box 481, Marfa TX 79843
Phone: 432-729-4831 Fax: 432-729-3368
Presidio County Justice of the Peace Precinct 2
Address: 300 E O’Reilly, PO Box 900, Presidio TX 79845
Phone: 432-229-3705 Fax: 432-229-3956
Marfa Municipal Court
Address: PO Box 787, Marfa TX 79843
Presidio Municipal Court
Address: PO Box 1899, Presidio TX 79845