Franklin County Criminal Court hears all criminal cases in Franklin County. Below you will find specific information about criminal cases and how they are handled in Franklin County.
I need help for my Franklin 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 Franklin 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 Franklin 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.
What happens in Franklin County at an arraignment?
In Franklin County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Franklin County Criminal Court locations
Criminal proceedings take place in the Franklin County Criminal Courts. A list of the criminal courts are located here.
Can I request a Plea Agreement?
In Franklin 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.
Jury Deliberations in Franklin County
In Franklin 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.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
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.
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.
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.
Who is the prosecutor for Franklin County?
Depending upon the case, the prosecutor for Franklin County criminal cases will either be a representative of Franklin 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.
Franklin County Required Court Appearances
In Franklin County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Franklin County Criminal Court Locations
Franklin County Surrogate’s Court
Address: 355 West Main Street, Malone NY 12953
Phone: 518-481-1736 Fax: 518-285-6175
Franklin County Court
Address: 355 West Main Street, Malone NY 12953
Phone: 518-481-1749 Fax: 518-285-5179
Bangor Town Court
Address: PO Box 337, North Bangor NY 12966
Bellmont Town Court
Address: 1 Schuyler Street, Belmont NY 14813
Bombay Town Court
Address: PO Box 208, Bombay NY 12914
Phone: 518-358-9968 Fax: 518-358-9968
Brandon Town Court
Address: 203 County Route 13, North Bangor NY 12966
Brighton Town Court
Address: 12 County Road 31, PO Box 260, Pauls Smiths NY 12970
Phone: 518-327-3202 Fax: 518-327-5387
Burke Town Court
Address: 82 Depot Street, PO Box 157, Burke NY 12917
Chateaugay Town Court
Address: 191 East Main Street, PO Box 9, Chateaugay NY 12920
Constable Town Court
Address: Town Hall, Constable NY 12926
Dickinson Town Court
Address: PO Box 83, Dickinson Center, NY 12930
Duane Town Court
Address: 172 County Route 26, Malone NY 12953
Phone: 518-481-5647 Fax 518-483-0517
Fort Covington Town Court
Address: 2510 Chateaugay Street, Fort Covington NY 12937
Franklin Town Court
Address: 117 Cold Brook Road, PO Box 62, Vermontville NY 12989
Phone: 518-891-2189 Fax: 518-891-6389
Harrietstown Town Court
Address: 39 Main Street, Saranac Lake NY 12983
Phone: 518-891-1470 Ext. 102
Malone Town Court
Address: 27 Airport Road, Malone NY 12953
Moira Town Court
Address: PO Box 150, Moira NY 12957
Santa Clara Town Court
Address: 5359 State Route 30, Saranac Lake NY 12983
Saranac Lake Village Court
Address: 39 Main Street, Suite 7, Saranac Lake NY 12983
Phone: 518-891-4423 Fax: 518-891-1136
Tupper Lake Town Court
Address: 120 Demars Boulevard, Tupper Lake NY 12986
Tupper Lake Village Court
Address: 53 Park Street, PO Box 1290, Tupper Lake NY 12986
Waverly Town Court
Address: 1720 South Main Street, PO Box 47, St. Regis Falls NY 12980
Westville Town Court
Address: 67 Bird Road, Constable NY 12926