Chemung County Criminal Court hears all criminal cases in Chemung County. Below you will find specific information about criminal cases and how they are handled in Chemung County.
Chemung County Arraignments
An arraignment is a court hearing. In Chemung County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Chemung County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Chemung County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Chemung County Prosecutor
For criminal cases in Chemung County, the prosecutor will be a representative of Chemung County. The Chemung 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.
Chemung County Criminal Court
I need help for my Chemung 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 Chemung 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 Chemung 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.
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.
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.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
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.
Can I request a Plea Agreement?
In Chemung 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.
Chemung County Criminal Court hearings
Criminal hearings in Chemung County will take place at the Chemung County Criminal Courts. Please see here for a list of the Chemung County Criminal Court Locations.
Required Court Appearances in Chemung County
Any required court appearances in Chemung 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.
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.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Chemung County Criminal Court Locations
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Chemung County Surrogate’s Court
Address: 224 Lake Street, PO Box 588, Elmira NY 14902
Phone: 607-873-9440 Fax: 646-963-6606 -
Chemung County Court
Address: 224 Lake Street, PO Box 588, Elmira NY 14902
Phone: 607-607-873-9430 Fax: 212-952-7227 -
Elmira City Court
Address: 317 East Church Street, Elmira NY 14901
Phone: 607-873-9520 Fax: 212-401-9240 -
Ashland Town Court
Address: 3663 Sixth Street, Wellsburg NY 14894
Phone: 518-734-4760 Fax: 518 734-4760 -
Baldwin Town Court
Address: 622 Breesport N. Chemung Road, Lowman NY 14861
Phone: 607-398-7208 Fax: 607-733-7384 -
Big Flats Town Court
Address: 476 Maple Street, Big Flats NY 14814
Phone: 607-562-8443 Ext. 233 Fax: 607-562ΓÇô8796 -
Catlin Town Court
Address: 1448 Chambers Road, Beaver Dams NY 14812
Phone: 607-739-5598 Ext. 3 Fax: 607-795-1740 -
Chemung Justice Court
Address: 48 Rotary Road Extension, Chemung NY 14825
Phone: 607-529-3532 Ext. 2 Fax: 607-529-9385 -
Elmira Heights Village Court
Address: 215 Elmwood Avenue, Elmira Heights NY 14903
Phone: 607-737-6750 Fax: 607-737-6751 -
Elmira Justice Court
Address: 1255 West Water Street, Elmira NY 14905
Phone: 607-734-5971 Fax: 607-734-4089 -
Erin Town Court
Address: 1138 Breesport Road, Erin NY 14838
Phone: 607-739-3313 Ext. 2 Fax: 607-739-3313 -
Horseheads Town Justice Court
Address: 150 Wygant Road, Horseheads NY 14845
Phone: 607-739-2113 Fax: 607-796-6543 -
Horseheads Village Court
Address: 202 South Main Street, Horseheads NY 14845
Phone: 607-739-0158 Fax: 607-796-0263 -
Southport Town Court
Address: 1139 Pennsylvania Avenue, Elmira NY 14904
Phone: 607-734-4446 Fax: 607-737-3606 -
Van Etten Town Court
Address: 83 Main Street, PO Box 177, Van Etten NY 14889
Phone: 607-589-4925 Fax: 607-589-4925 -
Veteran Town Court
Address: 4049 Watkins Road, PO Box 92, Millport NY 14864
Phone: 607-739-3337 Fax: 607-739-3337 -
Wellsburg Village Court
Address: 3663 6th Street, Wellsburg NY 14894
Phone: 607-732-0723