Brooks County Criminal Court handles all criminal cases that are filed in Brooks County. See below for more information about criminal cases in Brooks County.
Where can I get help for my Brooks 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 Brooks 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.
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 happens in Brooks County at an arraignment?
In Brooks 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.
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.
Jury Deliberations in Brooks County
In Brooks 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.
Mandatory Appearances in Brooks County Criminal Court
At a mandatory or required court appearance in Brooks 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.
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.
Brooks County Criminal Court locations
Criminal proceedings take place in the Brooks County Criminal Courts. A list of the criminal courts are located here.
Prosecutor in Brooks County
In Brooks County, the prosecutor is an attorney representing Brooks County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Brooks County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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 Brooks 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.
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.
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.
Brooks County Criminal Court Locations
Brooks County 79th District Court
Address: Phone: 361-325-5604, x19 Fax: 361-325-5679
Brooks County Constitutional Court
Address: Phone: 361-325-5604, x33 Fax: 361-325-4944
Brooks County Justice of the Peace Precinct 1
Address: Phone: 361-325-4153, x209 Fax: 361-325-9571
Brooks County Justice of the Peace Precinct 2
Address: Phone: 361-325-4153, x210 Fax: 361-325-9571
Brooks County Justice of the Peace Precinct 3
Address: Phone: 361-325-4153, x201 Fax: 361-325-9950
Brooks County Justice of the Peace Precinct 4
Address: Phone: 361-325-4153, x203 Fax: 361-325-9571
Falfurrias Municipal Court
Address: 205 E Allen St, PO Drawer E, Falfurrias TX 78355