Red River County Criminal Court handles all criminal cases that are filed in Red River County. See below for more information about criminal cases in Red River County.
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.
Red River County Required Court Appearances
In Red River 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.
Red River County Criminal Court hearings
Criminal hearings in Red River County will take place at the Red River County Criminal Courts. Please see here for a list of the Red River County Criminal Court Locations.
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.
Arraignments in Red River County
During an arraignment in Red River 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 Red River 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 Red River County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Prosecutor in Red River County
In Red River County, the prosecutor is an attorney representing Red River County. In some cases, the prosecutor may actually represent Texas. For the most part, the prosecutor in Red River County has discretion to both decide whether to file charges and also negotiate a potential plea deal with 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.
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.
Where can I get help for my Red River 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 Red River 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.
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.
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.
Red River County Criminal Court Locations
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Red River County 6th District Court
Address: 400 N Walnut St, Clarksville TX 75426
Phone: 903-427-3761 Fax: 903-427-9004 -
Red River County 102nd District Court
Address: 400 N Walnut St, Clarksville TX 75426
Phone: 903-427-3761 Fax: 903-427-9004 -
Red River County Constitutional Court
Address: 200 N Walnut St, Clarksville TX 75426
Phone: 903-427-2401 Fax: 903-427-3589 -
Red River County Justice of the Peace
Address: 500 N Cedar St, Clarksville TX 75426
Phone: 903-427-3322 Fax: 903-427-8011 -
Bogata Municipal Court
Address: PO Box 400, Bogata TX 75417
Phone: 903-632-5315 -
Clarksville Municipal Court
Address: 800 W Main St, Clarksville TX 75426
Phone: 903-427-3834