Wilbarger County Criminal Court handles all criminal cases that are filed in Wilbarger County. See below for more information about criminal cases in Wilbarger County.
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 Wilbarger 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.
In a jury trial in Wilbarger 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.
Sentencing in Wilbarger County
In Wilbarger 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.
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 Wilbarger County a public defender will be appointed by the judge if you cannot afford private representation.
I need help for my Wilbarger County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Wilbarger County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Wilbarger County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Where will Wilbarger County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Wilbarger County. See here for the location of the criminal courts in Wilbarger County.
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.
Mandatory Appearances in Wilbarger County Criminal Court
At a mandatory or required court appearance in Wilbarger 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 happens in Wilbarger County at an arraignment?
In Wilbarger County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
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.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Wilbarger County Prosecutor
For criminal cases in Wilbarger County, the prosecutor will be a representative of Wilbarger County. The Wilbarger County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Wilbarger County Criminal Court Locations
Wilbarger County 46th District Court
Address: 1700 Wilbarger St, #33, Vernon TX 76384
Phone: 940-553-3411 Fax: 940-553-2316
Wilbarger County Constitutional Court
Address: 1700 Wilbarger St, #15, Vernon TX 76384
Phone: 940-552-5486 Fax: 940-553-1202
Wilbarger County Justice of the Peace Precinct 1
Address: 1700 Wilbarger St, #25, Vernon TX 76384
Phone: 940-553-2306 Fax: 940-553-2328
Wilbarger County Justice of the Peace Precinct 2
Address: 1700 Wilbarger St, #22, Vernon TX 76384
Phone: 940-553-2307 Fax: 940-553-3321
Vernon Municipal Court
Address: 1306 Main St, Vernon, TX 76384
Phone: 940-552-2058 Fax: 940-553-1139