Lipscomb County Criminal Court handles all criminal cases that are filed in Lipscomb County. See below for more information about criminal cases in Lipscomb County.
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.
What happens in Lipscomb County at an arraignment?
In Lipscomb 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.
Mandatory Appearances in Lipscomb County Criminal Court
At a mandatory or required court appearance in Lipscomb 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.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate 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 Lipscomb County a public defender will be appointed by the judge if you cannot afford private representation.
Can I request a Plea Agreement?
In Lipscomb 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.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
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.
Lipscomb County Criminal Court hearings
Criminal hearings in Lipscomb County will take place at the Lipscomb County Criminal Courts. Please see here for a list of the Lipscomb County Criminal Court Locations.
Prosecutor in Lipscomb County
In Lipscomb County, the prosecutor is an attorney representing Lipscomb County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Lipscomb County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
I need help for my Lipscomb 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 Lipscomb 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 Lipscomb 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.
Lipscomb County Criminal Court Locations
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Lipscomb County 31st District Court
Address: PO Box 70, Lipscomb TX 79056
Phone: 806-862-3091 Fax: 806-862-3004 -
Lipscomb County Constitutional Court
Address: PO Box 70, Lipscomb TX 79056
Phone: 806-862-3091 Fax: 806-862-3004 -
Lipscomb County Justice of the Peace
Address: PO Box 37, Lipscomb TX 79056
Phone: 806-862-3844 Fax: 806-862-2603 -
Booker Municipal Court
Address: PO Box M, Booker TX 79005
Phone: 806-658-4579 -
Follett Municipal Court
Address: PO Box 216, Follett TX 79034
Phone: 806-653-2601