Live Oak County Criminal Court handles all criminal cases that are filed in Live Oak County. See below for more information about criminal cases in Live Oak County.
Live Oak County Prosecutor
For criminal cases in Live Oak County, the prosecutor will be a representative of Live Oak County. The Live Oak 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.
Jury Deliberation
In a jury trial in Live Oak 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.
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 Live Oak County a public defender will be appointed by the judge if you cannot afford private representation.
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.
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.
Who can help me in Live Oak County?
For general information about your case the Live Oak 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.
Live Oak County Criminal Court hearings
Criminal hearings in Live Oak County will take place at the Live Oak County Criminal Courts. Please see here for a list of the Live Oak County Criminal Court Locations.
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.
Mandatory Appearances in Live Oak County Criminal Court
At a mandatory or required court appearance in Live Oak 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 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.
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.
Arraignments in Live Oak County
During an arraignment in Live Oak 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 Live Oak 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 Live Oak County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Live Oak County Criminal Court Locations
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Live Oak County 36th District Court
Address: 301 Houston St, #202, PO Box 440, George West TX 78022
Phone: 361-449-2733 Fax: 361-449-2992 -
Live Oak County 156th District Court
Address: 301 Houston St, #202, PO Box 440, George West TX 78022
Phone: 361-449-2733 Fax: 361-449-2992 -
Live Oak County 343rd District Court
Address: 301 Houston St, #202, PO Box 440, George West TX 78022
Phone: 361-449-2733 Fax: 361-449-2992 -
Live Oak County Constitutional Court
Address: 301 Houston Street, #105, PO Box 280, George West TX 78022
Phone: 361-449-2733 Fax: 361-449-1616 -
Live Oak County Justice of the Peace Precinct 1
Address: PO Box 1405, George West TX 78022
Phone: 361-449-8046 Fax: 361-449-1156 -
Live Oak County Justice of the Peace Precinct 2
Address: Phone: 361-449-2733, x1064 Fax: 361-449-8045
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Live Oak County Justice of the Peace Precinct 3
Address: Phone: 361-449-2733, x1015 Fax: 361-449-3064
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Live Oak County Justice of the Peace Precinct 4
Address: Phone: 361-449-2733, x1022 Fax: 361-449-3258
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George West Municipal Court
Address: 406 Nueces St, George West TX 78022
Phone: 361-449-1557 -
Three Rivers Municipal Court
Address: PO Box 398, Three Rivers, TX 78071
Phone: 361-786-3512