Upton County Criminal Court hears all criminal cases in Upton County. Below you will find specific information about criminal cases and how they are handled in Upton County.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Upton County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Who is the prosecutor for Upton County?
Depending upon the case, the prosecutor for Upton County criminal cases will either be a representative of Upton 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.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
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.
I need help for my Upton 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 Upton 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 Upton 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.
Required Court Appearances in Upton County
Any required court appearances in Upton County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Upton County Criminal Court hearings
Criminal hearings in Upton County will take place at the Upton County Criminal Courts. Please see here for a list of the Upton County Criminal Court Locations.
What happens in Upton County at an arraignment?
In Upton 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.
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.
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.
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 Upton County
In Upton 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.
Upton County Criminal Court Locations
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Upton County 112th District Court
Address: 205 E 10th St, PO Box 465, Rankin TX 79778
Phone: 432-693-2861 Fax: 432-693-2129 -
Upton County Constitutional Court
Address: 205 E 10th St, PO Box 465, Rankin TX 79778
Phone: 432-693-2861 Fax: 432-693-2129 -
Upton County Justice of the Peace Precinct 1
Address: PO Box 232, Rankin TX 79778
Phone: 432-693-2473 -
Upton County Justice of the Peace Precinct 2
Address: PO Box 255, Rankin TX 79778
Phone: 432-693-2919 -
Upton County Justice of the Peace Precinct 3
Address: PO Box 634, McCamey TX 79752
Phone: 432-652-8222 -
Upton County Justice of the Peace Precinct 4
Address: PO Box 967, McCamey TX 79752
Phone: 432-652-8222 -
McCamey Municipal Court
Address: 207 E 6th St, McCamey TX 79752
Phone: 432-652-3333 Fax: 432-652-3225