Rains County Criminal Court

Rains County Criminal Court hears all criminal cases in Rains County. Below you will find specific information about criminal cases and how they are handled in Rains County.

Where can I get help for my Rains 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 Rains 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.

Where will Rains County criminal case hearings take place?

Criminal cases will take place at the criminal courts of Rains County. See here for the location of the criminal courts in Rains County.

Rains County Criminal Court

Rains County Criminal Court

Can I request a Plea Agreement?

In Rains 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.

Rains County Arraignments

An arraignment is a court hearing. In Rains County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Rains County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Rains County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.

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.

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.

Who is the prosecutor for Rains County?

Depending upon the case, the prosecutor for Rains County criminal cases will either be a representative of Rains 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.

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.

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.

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 Rains County

Any required court appearances in Rains 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.

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 Rains County a public defender will be appointed by the judge if you cannot afford private representation.

Rains County Criminal Court Locations

  • Rains County 8th District Court

    Address: 220 W Quitman St, PO Box 187, Emory TX 75440
    Phone: 903-473-5001 Fax: 903-473-5008

  • Rains County 354th District Court

    Address: 220 W Quitman St, PO Box 187, Emory TX 75440
    Phone: 903-473-5001 Fax: 903-473-5008

  • Rains County Constitutional Court

    Address: 220 W Quitman St, PO Box 1150, Emory TX 75440
    Phone: 903-473-5003 Fax: 903-473-5086

  • Rains County Justice of the Peace

    Address: 147 W Quitman St, PO Box 156, Emory TX 75440
    Phone: 903-473-5050 Fax: 903-473-3489

  • Alba Municipal Court

    Address: PO Box 197, Alba TX 75410
    Phone: 903-765-2396

  • East Tawakoni Municipal Court

    Address: 288 Briggs Blvd, East Tawakoni TX 75472
    Phone: 903-447-2444 Fax: 903-447-5080

  • Emory Municipal Court

    Address: Phone: 903-473-2465, x102

  • Point Municipal Court

    Address: PO Box 459, Point TX 75472
    Phone: 903-598-3296

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