Fulton County Criminal Court hears all criminal cases in Fulton County. Below you will find specific information about criminal cases and how they are handled in Fulton County.
Fulton County Criminal Court locations
Criminal proceedings take place in the Fulton County Criminal Courts. A list of the criminal courts are located here.
Sentencing in Fulton County
In Fulton 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.
Mandatory Appearances in Fulton County Criminal Court
At a mandatory or required court appearance in Fulton 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.
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 Fulton 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.
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.
Prosecutor in Fulton County
In Fulton County, the prosecutor is an attorney representing Fulton County. In some cases, the prosecutor may actually represent New York. For the most part, the prosecutor in Fulton County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Who can help me in Fulton County?
For general information about your case the Fulton 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.
What happens in Fulton County at an arraignment?
In Fulton 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.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Fulton County a public defender will be appointed by the judge if you cannot afford private representation.
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.
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.
Fulton County Criminal Court Locations
Fulton County Surrogate’s Court
Address: 223 West Main Street, Johnstown NY 12095
Phone: 518-736-5685 Fax: 518-451-8746
Fulton County Court
Address: 223 West Main Street, Johnstown NY 12095
Phone: 518-736-5695 Fax: 518-451-8750
Gloversville City Court
Address: 3 Frontage Road, Gloversville NY 12078
Phone: 518-773-4527 Fax: 518-773-4599
Johnstown City Court
Address: 33-41 East Main Street, Suite 105, Johnstown NY 12095
Phone: 518-762-0007 Fax: 518-453-8651
Bleecker Town Court
Address: 672 North Shore Road, Gloversville NY 12078
Broadalbin Town Court
Address: 201 Union Mills Road, Broadalbin NY 12025
Phone: 518-883-5131 Fax: 518-883-5881
Broadalbin Village Court
Address: PO Box 6, Broadalbin NY 12025
Caroga Town Court
Address: 1840 State Highway 10, PO Box 328, Caroga Lake NY 12032
Phone: 518-835-4211 Ext. 28 Fax: 518-835-2744
Ephratah Town Court
Address: 3782 State Highway 10, Town Barn, St. Johnsville NY 13452
Phone: 518-568-7333 (Justice Dickenson) or 518-568-5458 (Justice Keppler)
Johnstown Town Court
Address: 2753 State Highway 29, PO Box 88, Johnstown, NY 12095
Phone: 518-762-6904 Fax: 518-736-1592
Mayfield Town Court
Address: 75 North Main Street, PO Box 308, Mayfield NY 12117
Phone: 518-661-5254 Fax: 518-661-7748
Northampton Town Court
Address: 412 South Main Street, PO Box 479, Northville NY 12134
Oppenheim Town Court
Address: 110 State Highway 331, Saint Johnsville NY 13452
Perth Justice Court
Address: 1849 County Highway 107, Amsterdam NY 12010
Phone: 518-843-6977 Ext. 14 Fax: 518-843-5317
Stratford Town Court
Address: PO Box 218, Stratford NY 13470