Essex County Criminal Court hears all criminal cases in Essex County. Below you will find specific information about criminal cases and how they are handled in Essex County.
Where can I get help for my Essex County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Essex County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
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.
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.
Required Court Appearances in Essex County
Any required court appearances in Essex 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.
Essex County Arraignments
An arraignment is a court hearing. In Essex County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Essex 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 Essex 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.
Where will Essex County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Essex County. See here for the location of the criminal courts in Essex County.
Prosecutor in Essex County
In Essex County, the prosecutor is an attorney representing Essex County. In some cases, the prosecutor may actually represent New York. For the most part, the prosecutor in Essex County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Sentencing in Essex County
In Essex County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
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.
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 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.
Essex County Criminal Court Locations
Essex County Surrogate’s Court
Address: 7559 Court Street, PO Box 217, Elizabethtown NY 12932
Phone: 518-873-3384 Fax: 518-451-8740
Essex County Court
Address: 7559 Court Street, PO Box 217, Elizabethtown NY 12932
Phone:518-873-3370 Fax: 518-451-8738
Chesterfield Town Court
Address: 1 Vine Street, PO Box 456, Keeseville NY 12944
Crown Point Town Court
Address: 2 Miller Drive, PO Box 408, Crown Point NY 12928
Elizabethtown Town Court
Address: 7563 Court Street, PO Box 265, Elizabethtown NY 12932
Phone: 518-873-2047 Fax: 518-873-6571
Essex Town Court
Address: 2313 Main Street, PO Box 355, Essex NY 12936
Jay Town Court
Address: 24 School Street, PO Box 730, Au Sable Forks NY 12912
Keene Town Court
Address: Route 73, Town Hall, PO Box 89, Keene NY 12942
Lake Placid Village Justice Court
Address: 2693 Main Street, Suite 103, Lake Placid NY 12946
Phone: 518-523-2004 Fax: 518-523-7278
Lewis Town Court
Address: 8566 Route 9, PO Box 28, Lewis NY 12950
Phone: 518-873-3204 Fax: 518-873-6462
Minerva Town Court
Address: 5 Morse Memorial Highway, PO Box 937, Minerva NY 12851
Phone: 518-251-2869 Ext. 5 Fax: 518-251-9854
Moriah Town Court
Address: 42 Park Place, Port Henry NY 12974
Newcomb Town Court
Address: 5639 State Route 28 North, PO Box 85, Newcomb NY 12852
North Elba Town Court
Address: 2693 Main Street, Lake Placid, NY 12946
Phone: 518-523-2141 Fax: 518-523-8146
North Hudson Town Court
Address: 2946 Route 9, PO Box 28, North Hudson NY 12855
Phone: 518-532-0587 Fax: 518 532-0150
Saranac Lake Village Court
Address: 39 Main Street, Suite 7, Saranac Lake NY 12983
Phone: 518-891-4423 Fax: 518-891-1136
Schroon Town Court
Address: 15 Leland Avenue, PO Box 578, Schroon Lake NY 12870
Phone: 518-532-0569 Fax: 518-532-9104
St. Armand Town Court
Address: PO Box 66, Bloomingdale NY 12913
Ticonderoga Town Court
Address: 132 Montcalm Street, PO Box 471, Ticonderoga NY 12883
Phone: 518-585-7141 Fax: 518-585-7161
Westport Town Court
Address: 22 Champlain Avenue, PO Box 465, Westport NY 12993
Willsboro Town Court
Address: 5 Farrell Road, PO Box 370, Willsboro NY 12996
Phone: 518-963-4014 Fax: 518-963-7069
Wilmington Town Court
Address: 7 Community Center Circle, PO Box 180, Wilmington NY 12997