Delaware County Criminal Court

Delaware County Criminal Court handles all criminal cases that are filed in Delaware County. See below for more information about criminal cases in Delaware County.

Delaware County Arraignments

An arraignment is a court hearing. In Delaware County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Delaware 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 Delaware 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.

Who is the prosecutor for Delaware County?

Depending upon the case, the prosecutor for Delaware County criminal cases will either be a representative of Delaware County or a representative from New York. 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.

Delaware County Criminal Court

Delaware County Criminal Court

Jury Deliberations in Delaware County

In Delaware County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.

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.

Mandatory Appearances in Delaware County Criminal Court

At a mandatory or required court appearance in Delaware County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.

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 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.

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 Delaware 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.

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.

Who can help me in Delaware County?

For general information about your case the Delaware 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.

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.

Delaware County Criminal Court locations

Criminal proceedings take place in the Delaware County Criminal Courts. A list of the criminal courts are located here.

Delaware County Criminal Court Locations

  • Delaware County Surrogate’s Court

    Address: 3 Court Street, Delhi NY 13753
    Phone: 607-746-2126 Fax: 646-963-6403

  • Delaware County Court

    Address: 3 Court Street, Delhi NY 13753
    Phone: 607-746-2131 Fax: 646-963-6402

  • Andes Town Court

    Address: 580 Main Street, PO Box 335, Andes NY 13731
    Phone: 845-676-3550 Fax: 845-676-4125

  • Bovina Town Court

    Address: PO Box 1, Bovina Center NY 13740
    Phone: 607-832-4500 Fax: 607-832-4500

  • Colchester Town Court

    Address: 72 Tannery Road, PO Box 464, Downsville NY 13755
    Phone: 607-363-7928 or 607-498-5774 Fax: 607-363-7779

  • Davenport Town Court

    Address: 11790 State Highway 23, PO Box 131, Davenport Center NY 13751
    Phone: 607-278-5105 Fax: 607-278-5105

  • Delhi Town Court

    Address: 5 Elm Street, PO Box 204, Delhi NY 13753
    Phone: 607-746-7278 Fax: 607-746-2983

  • Deposit Town Court

    Address: 3 Elm Street, Deposit NY 13754
    Phone: 607-467-3233 Fax: 607-467-1328

  • Deposit Village Court

    Address: 146 Front Street, Deposit NY 13754
    Phone: 607-467-4240 Fax: 607-467-3002

  • Franklin Town Court

    Address: 554 Main Street, PO Box 941, Franklin, NY 13775
    Phone: 607-829-3431 Fax: Phone: 607-829-3431

  • Hamden Town Court

    Address: PO Box 37, Hamden NY 13782
    Phone: 607-746-6660 Fax: 607-746-2405

  • Hancock Town Court

    Address: 661 West Main Street, Hancock NY 13783
    Phone: 607-637-3650 Fax: 607-637-4617

  • Hancock Village Court

    Address: 85 East Front Street, Hancock NY 13783
    Phone: 607-637-5789 Fax: 607-637-3698

  • Harpersfield Town Court

    Address: 25399 State Highway 23, Harpersfield NY 13786
    Phone: 607-652-5060 Fax: 607-652-5060

  • Kortright Town Court

    Address: 51702 State Highway 10, PO Box 6, Bloomville NY 13739
    Phone: 607-538-9319 Fax: 607-538-9313

  • Masonville Town Court

    Address: Route 206, PO Box 63, Masonville NY 13804
    Phone: 607-265-9249 Fax: 607-828-4024

  • Meredith Town Court

    Address: 4247 Turnpike Road, PO Box 116, Meridale NY 13806
    Phone: 607-746-2431 Fax: 607-746-8544

  • Middletown Town Court

    Address: 42339 State Highway 28, PO Box 552, Margaretville, NY 12455
    Phone: 845-586-2575 Fax: 845-586-2577

  • Roxbury Town Court

    Address: 60991 State Hwy 30, PO Box 381, Grand Gorge NY 12434
    Phone: 607-588-7507 Fax 607-588-7589

  • Sidney Town Court

    Address: 21 Liberty Street, Sidney NY 13838
    Phone: 607-561-2309 Fax: 607-561-2307

  • Sidney Village Court

    Address: 21 Liberty Street, Sidney NY 13838
    Phone: 607-561-2309 Fax: 607-561-2307

  • Stamford Town Court

    Address: 101 Maple Avenue, PO Box M, Hobart NY 13788
    Phone: 607-538-1825 Fax: 607-538-1825

  • Stamford Village Court

    Address: 84 Main Street, PO Box 68, Stamford NY 12167
    Phone: 607-652-6671 Fax: 607-652-3567

  • Tompkins Town Court

    Address: 148 Bridge Street, PO Box 78, Trout Creek NY 13847
    Phone: 607-865-4949 Fax: 607-865-4949

  • Walton Town Court

    Address: 129 North Street, Walton NY 13856
    Phone: 607-865-5182 Fax: 607-865-5182

  • Walton Village Court

    Address: 21 North Street, PO Box 27, Walton NY 13856
    Phone: 607-865-6150 Fax: 607-865-6150

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