Allegany County Criminal Court handles all criminal cases that are filed in Allegany County. See below for more information about criminal cases in Allegany County.
Required Court Appearances in Allegany County
Any required court appearances in Allegany 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.
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.
Allegany County Criminal Court
Where will Allegany County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Allegany County. See here for the location of the criminal courts in Allegany County.
Can I request a Plea Agreement?
In Allegany 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.
Allegany County Prosecutor
For criminal cases in Allegany County, the prosecutor will be a representative of Allegany County. The Allegany 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.
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.
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.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
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.
Who can help me in Allegany County?
For general information about your case the Allegany 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.
Arraignments in Allegany County
During an arraignment in Allegany 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 Allegany 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 Allegany County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Jury Deliberation
In a jury trial in Allegany 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.
Allegany County Criminal Court Locations
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Allegany County Surrogate’s Court
Address: 7 Court Street, Belmont NY 14813
Phone: 585-268-5815 Fax: 585-268-7090 -
Allegany County Court
Address: 7 Court Street, Belmont NY 14813
Phone: 585-268-5941 Fax: 585-268-7090 -
Alfred Town Court
Address: 7 West University Street, Alfred NY 14802
Phone: 607-587-9142 Fax: 607-587-9162 -
Alfred Village Court
Address: 7 West University Street, Alfred NY 14802
Phone: 607-587-9142 Fax: 607-587-9138 -
Allen Town Court
Address: 4867 Klein Road, Fillmore NY 14735
Phone: 585-567-8320 -
Alma Town Court
Address: 5838 Allen Street, PO Box 67, Allentown NY 14707
Phone: 585-593-4021 Fax: 585-593-4027 -
Almond Town Justice Court
Address: 1 Marvin Lane, PO Box K, Almond NY 14804
Phone: 607-276-2138 -
Amity Town Court
Address: 1 Schuyler Street, Belmont NY 14813
Phone: 585-268-5305 Fax: 585-268-5305 -
Andover Town Court
Address: 22 East Greenwood Street, Andover NY 14806
Phone: 607-478-8446 Fax: 607-478-8664 -
Andover Village Court
Address: 4 Main Street, PO Box 721, Andover NY 14806
Phone: 607-478-8830 -
Angelica Town Court
Address: 49 Park Circle, PO Box 688, Angelica NY 14709
Phone: 585-466-7928 Fax: 585-466-3580 -
Angelica Village Court
Address: 49 Park Circle, PO Box 688, Angelica NY 14709
Phone: 585-466-7926 Fax: 585-466-3580 -
Belfast Town Court
Address: 9 Merton Avenue, PO Box 472, Belfast NY 14711
Phone: 585-365-9903 Fax: 585-365-9903 -
Belmont Village Court
Address: 1 Schuyler Street, Belmont NY 14813
Phone: 585-268-5305 Fax: 585-268-5305 -
Birdsall Town Court
Address: 9068 County Road 15b, Canaseraga NY 14822
Phone: 607-545-6072 -
Bolivar Town Court
Address: 252 Main Street, Bolivar NY 14715
Phone: 585-928-1860 Fax: 585-928-2045 -
Bolivar Village Court
Address: 252 Main Street, Bolivar NY 14715
Phone: 585-928-2234 Fax: 585-928-2045 -
Burns Town Court
Address: 83 Main Street, Canaseraga NY 14822
Phone: 607-545-0015 -
Caneadea Town Court
Address: 8911 State Route 19, PO Box 596, Caneadea NY 14717
Phone: 585-365-8240 Fax: 585-365-8240 -
Centerville Town Court
Address: PO Box 71, Centerville NY 14029
Phone: 585-567-8424 -
Clarksville Town Court
Address: 2980 School Street, PO Box 69, West Clarksville NY 14786
Phone: 585-968-2031 Fax: 585-968-1503 -
Cuba Town Court
Address: 5 Bull Street, PO Box 41, Cuba NY 14727
Phone: 585-968-1690 Fax: 585-968-9008 -
Friendship Town Court
Address: 50 West Main Street, Friendship NY 14739
Phone: 585-973-7566 Fax: 585-973-3015 -
Genesee Town Court
Address: 8296 Main Street, PO Box 40, Little Genesee NY 14754
Phone: 585-928-2178 Fax: 585-928-2178 -
Granger Town Court
Address: 5148 County Road 4, RD 1, PO Box 132, Fillmore NY 14735
Phone: 585-567-8155 Fax: 585-567-8155 -
Grove Town Court
Address: PO Box 101, Swain NY 14884
Phone: 607-545-0015 -
Hume Town Justice Court
Address: 20 North Genesee Street, PO Box 302, Fillmore NY 14735
Phone: 585-567-4753 Fax: 585-567-4663 -
Independence Town Court
Address: 887 Marietta Avenue, PO Box 38, Whitesville NY 14897
Phone: 716-543-5504 Fax: 607-356-3675 -
New Hudson Town Court
Address: Route 305, PO Box 109, Black Creek NY 14714
Phone: 585-968-2179 -
Richburg Village Court
Address: 314 East Notch Road, Richburg NY 14774
Phone: 585-928-2245 -
Rushford Town Court
Address: 8999 Main Street, PO Box 38, Rushford NY 14777
Phone: 585-437-2206 Fax: 585-437-2529 -
Scio Town Court
Address: 4355 Vandermark Road, PO Box 105, Scio, NY 14880
Phone: 585-593-9072 Fax: 585-593-0302 -
Ward Town Court
Address: 4414 County Road 10, Vandermark Road, Scio NY 14880
Phone: 585-593-7300 -
Wellsville Town Justice Court
Address: 46 South Main Street, Wellsville NY 14895
Phone: 585-593-1750 Fax: 585-593-1556 -
Wellsville Village Justice Court
Address: 46 South Main Street, Wellsville NY 14895
Phone: 585-593-5609 Fax: 585-593-1556 -
West Almond Town Court
Address: 2701 Karr Valley Road, West Almond NY 14804
Phone: 607-276-2629 Fax: 607-276-2629 -
Willing Town Court
Address: 1431 State Route 19 South, Wellsville NY 14895
Phone: 585-595-3210 Fax: 585-593-0510 -
Wirt Town Court
Address: Town Hall, 210 Main Street, PO Box 245, Richburg NY 14774
Phone: 585-928-2130