Process
Before appearing in Court a defendant will have the opportunity to meet with the prosecuting attorney for the Town of Kiowa to discuss the charges brought against the defendant. If a disposition is reached the prosecuting attorney will advise the Court. The Court will call the case and the defendant will then appear before the Court at the podium.
Pleading Guilty
If the disposition involves a guilty plea the Court will conduct a brief hearing and explain to the defendant the consequences of entering a guilty plea. After the defendant has plead guilty the Court will then impose a sentence. Before imposing a sentence the Defendant will be permitted to address the Court. The sentence, in most cases, will consist of a fine and appropriate court costs.
Pleading Not Guilty
If a disposition is not reached with the prosecuting attorney the defendant will then enter a plea of guilty and a trial will be set. A defendant has the right to plead not guilty and no prejudice shall attach to a not guilty plea. The trial must be set within 91 days of the entry of the not guilty plea. At the trial, which will be before the judge alone, the Town will be represented by the prosecuting attorney, who has the burden of proving the charges beyond a reasonable doubt. There is never a burden placed on the defendant to disprove the charges. A defendant may represent himself/herself at trial. If a defendant retains an attorney to conduct the trial that attorney should file an entry of appearance no later than 21 days prior to trial.
After evidence has been presented the Court will determine whether the defendant is not guilty or guilty of the charges. If found not guilty the case is then concluded. If found guilty the court will then impose a sentence, after hearing from the defendant.
Appropriate Decorum in Court
Cell phones must be turned off and kept off while in Court. Food and drink are not permitted in the courtroom. Weapons of any kind are not permitted in the courthouse.
Any recording of courtroom proceedings is strictly prohibited. This includes photography, videography and/or audio recording.
Disruptive behavior such as loud talking, laughing etc. will not be permitted in the courtroom. Unless addressing the court, all conversation is to take place outside the courtroom.
Whenever possible, children should not attend court proceedings. If children are brought to the courthouse it is the burden of the person bringing the child to be responsible for the behavior of the child. If the child becomes disruptive the responsible party should step out of the courtroom with the child.