Cattaraugus County Criminal Court hears all criminal cases in Cattaraugus County. Below you will find specific information about criminal cases and how they are handled in Cattaraugus 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.
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.
Cattaraugus County Criminal Court
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.
Required Court Appearances in Cattaraugus County
Any required court appearances in Cattaraugus 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.
Cattaraugus County Prosecutor
For criminal cases in Cattaraugus County, the prosecutor will be a representative of Cattaraugus County. The Cattaraugus 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.
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.
Arraignments in Cattaraugus County
During an arraignment in Cattaraugus 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 Cattaraugus 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 Cattaraugus County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Can I request a Plea Agreement?
In Cattaraugus 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.
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.
Cattaraugus County Criminal Court hearings
Criminal hearings in Cattaraugus County will take place at the Cattaraugus County Criminal Courts. Please see here for a list of the Cattaraugus 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.
Who can help me in Cattaraugus County?
For general information about your case the Cattaraugus 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.
Cattaraugus County Criminal Court Locations
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Cattaraugus County Surrogate’s Court
Address: 1 Leo Moss Drive, Olean NY 14760
Phone: 716-938-2327 Fax: 716-938-6983 -
Cattaraugus County Surrogate’s Court
Address: 303 Court Street, Little Valley NY 14755
Phone: 716-938-2327 Fax: 716-938-6983 -
Cattaraugus County Court
Address: 303 Court Street, Little Valley NY 14755
Phone: 716-938-9111 Fax: 716-938-6413 -
Cattaraugus County Court
Address: 1 Leo Moss Drive, Olean NY 14760
Phone: 716-938-9111 Fax: 716-938-6413 -
Olean City Court
Address: 101 East State Street, PO Box 631, Olean NY 14760
Phone: 716-376-5620 Fax: 716-376-5623 -
Salamanca City Court
Address: 225 Wildwood Avenue, Salamanca NY 14779
Phone: 716-945-4153 Fax: 716-945-2362 -
Humphrey Town Court
Address: Town Hall, 4500 Humphrey Road, Great Valley NY 1474
Phone: 716-945-3177 Fax: 716-945-2319 -
Allegany Town Court
Address: 3790 Birch Run Road, PO Box 254, Allegany NY 14706
Phone: 716-373-3670 Fax: 716-373-4523 -
Allegany Village Court
Address: 106 East Main Street, Allegany NY 14706
Phone: 716-373-1460 Fax: (716) 373-4388 -
Ashford Town Court
Address: 9337 Route 240, PO Box 306, West Valley NY 14171
Phone: 716-942-6016 Fax: 716-942-3957 -
Carrollton Town Court
Address: 640 Main Street, PO Box 146, Limestone NY 14753
Phone: 716-925-7772 Fax: 716-925-7571 -
Coldspring Town Court
Address: 2604 Lebanon Road, PO Box J, Steamburg NY 14783
Phone: 716-354-2955 Fax: 716-345-2012 -
Conewango Town Court
Address: 4762 Route 241, Conewango Valley NY 14726
Phone: 716-358-9577 -
Dayton Town Court
Address: 9100 Route 62, South Dayton NY 14138
Phone: 716-532-3758 -
East Otto Town Court
Address: 9014 East Otto-Springville Road, PO Box 47, East Otto NY 14729
Phone: 716-257-9875 Fax: 716-257-9071 -
Ellicottville Town Court
Address: 1 West Washington Street, PO Box 600, Ellicottville NY 14731
Phone: 716-498-0418 -
Ellicottville Village Court
Address: 9 Mill Street, Ellicottville NY 14731
Phone: 716-699-4513 -
Farmersville Town Court
Address: 8963 Lake Avenue, Franklinville NY 14737
Phone: 716-676-3030 Fax: 716-676-3871 -
Franklinville Town Court
Address: 11 Park Square, PO Box 146, Franklinville NY 14737
Phone: 716-676-3078 Fax: 716-676-5261 -
Freedom Town Court
Address: 1188 Eagle Street, PO Box 89, Sandusky NY 14133
Phone: 716-492-0961 Fax: 716-492-0935 -
Great Valley Town Court
Address: 4808 Route 219, PO Box 172, Great Valley NY 14741
Phone: 716-945-4200 -
Hinsdale Town Court
Address: 4129 Route 16, PO Box 95, Hinsdale NY 14743
Phone: 716-557-2478 Fax: 716-557-2241 -
Ischua Town Court
Address: 1850 Mill Street, Ischua NY 14743
Phone: 716-557-8787 Fax: 716-557-8989 -
Leon Town Court
Address: Town Hall, 12195 Leon-New Albion Road, Leon NY 14751
Phone: 716-296-5231 Fax: 716-296-5429 -
Little Valley Town Court
Address: 202 Fourth Street, Little Valley NY 14755
Phone: 716-938-6441 Fax: 716-938-6057 -
Lyndon Town Court
Address: 852 Lyndon Center Road, Cuba NY 14727
Phone: 716-676-9928 Fax: 716-676-2077 -
Machias Town Court
Address: 9588 Maple Avenue, Machias NY 14101
Phone: 716-353-8207 -
Mansfield Town Court
Address: 7660 Hollister Hill, Little Valley NY 14755
Phone: 716-257-9288 -
Napoli Town Court
Address: 4672 Allegany Road, Little Valley NY 14755
Phone: 716-938-6836 Fax: 716-938-9132 -
New Albion Town Court
Address: 14 Main Street, Cattaraugus NY 14719
Phone: 716-257-5387 Fax: 716-257-3270 -
Olean Town Court
Address: Town Hall, 2634 Route 16 North, Olean NY 14760
Phone: 716-373-0582 Fax: 716-373-0640 -
Otto Town Court
Address: 8842 East Otto Road, Otto NY 14766
Phone: 716-257-3111 -
Perrysburg Town Court
Address: 10640 Peck Hill Road, PO Box 244, Perrysburg NY 14129
Phone: 716-532-4090 -
Persia Town Court
Address: 8 West Main Street, Gowanda NY 14070
Phone: 716-532-4042 -
Portville Town Court
Address: 1102 Portville-Olean Road, PO Box 630, Portville NY 14770
Phone: 716-933-6432 Fax: 716-933-0143 -
Portville Village Court
Address: 1 South Main Street, PO Box 314, Portville NY 14770
Phone: 716-933-6288 Fax: 716-933-6288 -
Randolph Town Court
Address: 72 Main Street, Randolph NY 14772
Phone: 716-358-4515 -
Red House Town Court
Address: 8619 Longto Hollow Road, Salamanca NY 14779
Phone: 716-354-5052 -
Salamanca Town Court
Address: Town Hall, 4295 Center Street Extension, Salamanca NY 14779
Phone: 716-945-4775 Fax: 716-244-6882 -
South Dayton Village Court
Address: 17 Park Street, PO Box 269, South Dayton NY 14138
Phone: 716-988-3833 Fax: 716-988-3833 -
South Valley Town Court
Address: 11888 Sawmill Run Road, Frewsburg NY 14738
Phone: 716-354-2090 -
Yorkshire Town Court
Address: 82 Main Street, Delevan NY 14042
Phone: 716-492-4831