Stephens County Criminal Court

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

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 Stephens 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.

Stephens County Criminal Court

Stephens County Criminal Court

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

Where will Stephens County criminal case hearings take place?

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

Who is the prosecutor for Stephens County?

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

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.

Arraignments in Stephens County

During an arraignment in Stephens 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 Stephens 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 Stephens County the defendant may be sentenced at that time or the sentencing may take place at a later date.

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.

Mandatory Appearances in Stephens County Criminal Court

At a mandatory or required court appearance in Stephens 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.

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.

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.

Who can help me in Stephens County?

For general information about your case the Stephens County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.

Stephens County Criminal Court Locations

  • Stephens County 90th District Court

    Address: 200 W Walker St, Breckenridge TX 76424
    Phone: 254-559-3151 Fax: 254-559-8127

  • Stephens County Constitutional Court

    Address: 200 W Walker St, Breckenridge TX 76424
    Phone: 254-559-3700 Fax: 254-559-5892

  • Stephens County Justice of the Peace

    Address: 200 W Walker St, Breckenridge TX 76424
    Phone: 254-559-5322 Fax: 254-559-1127

  • Breckenridge Municipal Court

    Address: 120 W Elm St, Breckenridge TX 76424
    Phone: 254-559-2160

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