Kendall County Criminal Court hears all criminal cases in Kendall County. Below you will find specific information about criminal cases and how they are handled in Kendall County.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
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.
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.
Sentencing in Kendall County
In Kendall 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.
Where will Kendall County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Kendall County. See here for the location of the criminal courts in Kendall County.
Arraignments in Kendall County
During an arraignment in Kendall 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 Kendall 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 Kendall County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Who can help me in Kendall County?
For general information about your case the Kendall 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.
Prosecutor in Kendall County
In Kendall County, the prosecutor is an attorney representing Kendall County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Kendall County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Can I request a Plea Agreement?
In Kendall 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.
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.
Kendall County Required Court Appearances
In Kendall County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
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.
Kendall County Criminal Court Locations
Kendall County 216th District Court
Address: Phone: 830-249-9343, x260 Fax: 830-249-1763
Kendall County Constitutional Court
Address: Phone: 830-249-9343, x230 Fax: 830-249-3472
Kendall County Court at Law
Address: Phone: 830-249-9343, x230 Fax: 830-249-3472
Kendall County Justice of the Peace Precinct 1
Address: Phone: 830-249-9343, x334 Fax: 830-249-7046
Kendall County Justice of the Peace Precinct 2
Address: 32824 IH-10 W, PO Box 425, Boerne TX 78006
Kendall County Justice of the Peace Precinct 3
Address: 221 Fawn Valley Dr, #200, Boerne TX 78006
Kendall County Justice of the Peace Precinct 4
Address: 105 Amber Dr, Comfort TX 78013
Phone: 830-995-2031 Fax: 830-995-5181
Boerne Municipal Court
Address: 124 Old San Antonio Rd, Boerne TX 78006
Phone: 830-248-1504 Fax: 830-331-9465