Kleberg County Criminal Court hears all criminal cases in Kleberg County. Below you will find specific information about criminal cases and how they are handled in Kleberg County.
Mandatory Appearances in Kleberg County Criminal Court
At a mandatory or required court appearance in Kleberg 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.
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.
Sentencing in Kleberg County
In Kleberg 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.
What happens in Kleberg County at an arraignment?
In Kleberg 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.
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.
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.
Where can I get help for my Kleberg 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 Kleberg 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.
Who is the prosecutor for Kleberg County?
Depending upon the case, the prosecutor for Kleberg County criminal cases will either be a representative of Kleberg 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 a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
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.
Where will Kleberg County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Kleberg County. See here for the location of the criminal courts in Kleberg County.
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.
Kleberg County Criminal Court Locations
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Kleberg County 105th District Court
Address: PO Box 312, Kingsville TX 78364
Phone: 361-595-8561 Fax: 361-595-8525 -
Kleberg County Constitutional Court
Address: PO Box 1327, Kingsville TX 78364
Phone: 361-595-8548 Fax: 361-5935-1355 -
Kleberg County Court at Law
Address: PO Box 1327, Kingsville TX 78364
Phone: 361-595-8548 Fax: 361-5935-1355 -
Kleberg County Justice of the Peace Precinct 1
Address: 2505 E Kenedy Ave, Kingsville TX 78363
Phone: 361-595-1387 Fax: 361-595-1308 -
Kleberg County Justice of the Peace Precinct 2
Address: 620 N Third St, Kingsville TX 78363
Phone: 361-595-8571 Fax: 361-595-8537 -
Kleberg County Justice of the Peace Precinct 3
Address: PO Box 214, Riviera TX 78379
Phone: 361-296-3214 Fax: 361-296-3613 -
Kleberg County Justice of the Peace Precinct 4
Address: 622 N 14th St, Kingsville TX 78363
Phone: 361-595-8586 Fax: 361-595-8599 -
Kingsville Municipal Court
Address: 200 E Kleberg Ave, PO Box 1458, Kingsville TX 78364
Phone: 361-595-8037 Fax: 361-595-1736