Genesee County Criminal Court

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

Who can help me in Genesee County?

For general information about your case the Genesee 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.

Arraignments in Genesee County

During an arraignment in Genesee County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Genesee County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Genesee County the defendant may be sentenced at that time or the sentencing may take place at a later date.

Genesee County Criminal Court

Genesee County Criminal Court

Can I request a Plea Agreement?

In Genesee 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.

Genesee County Prosecutor

For criminal cases in Genesee County, the prosecutor will be a representative of Genesee County. The Genesee 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.

Where will Genesee County criminal case hearings take place?

Criminal cases will take place at the criminal courts of Genesee County. See here for the location of the criminal courts in Genesee County.

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.

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.

The Right to Trial by Jury

The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.

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.

What if I can’t afford an attorney?

The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.

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.

Mandatory Appearances in Genesee County Criminal Court

At a mandatory or required court appearance in Genesee 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.

Genesee County Criminal Court Locations

  • Genesee County Surrogate’s Court

    Address: 1 West Main Street, Batavia NY 14020
    Phone: 585-344-2550 Ext. 2237 Fax: 585-344-8517

  • Genesee County Court

    Address: 1 West Main Street, Batavia NY 14020
    Phone: 585-344-2550 Ext. 2239 Fax: 585-344-8517

  • Batavia City Court

    Address: 1 West Main Street, Batavia NY 14020
    Phone: 585-344-2550 Ext. 2426 Fax: 585-344-8556

  • Alabama Town Court

    Address: 2218 Judge Road, PO Box 476, Alabama NY 14013
    Phone: 585-948-9341 (Town Clerk) or 585-948-8132 (Court and Jury Info)

  • Alexander Town Court

    Address: 3350 Church Street, PO Box 248, Alexander NY 14005
    Phone: 585-591-2455 Fax: 585-591-4130

  • Batavia Town Court

    Address: Phone: 585-343-1729, Ext. 216 Fax: 585-343-8998

  • Bergen Town Court

    Address: Phone: 585-494-1121, Ext. 23 Fax: 585-494-0886

  • Bethany Town Court

    Address: 10510 Bethany Center Road, East Bethany NY 14054
    Phone: 585-343-3325

  • Byron Town Court

    Address: Phone: 585-548-7123, Ext. 18 Fax: 585-458-2812

  • Corfu Village Court

    Address: 116 East Main Street, PO Box 52, Corfu NY 14036
    Phone: 585-599-3380

  • Darien Town Court

    Address: Phone: 585-547-2274, Ext. 21 Fax: 585-547-2247

  • Elba Town Court

    Address: 7 Maple Avenue, PO Box 295, Elba NY 14058
    Phone: 585-757-2762 Fax: 585-757-9921

  • LeRoy Town Court

    Address: Phone: 585-768-6910, Ext. 234 Fax: 585-768-2983

  • Oakfield Town Justice Court

    Address: Phone: 585-948-5835, Ext. 1

  • Pavilion Town Court

    Address: Phone: 585-584-3850, Ext. 210 Fax: 585-584-8449

  • Pembroke Town Court

    Address: 116 East Main Street, Corfu NY 14036
    Phone: 585-599-4817 Fax: 585-599-3675

  • Stafford Town Court

    Address: Phone: 585-344-4020, Ext. 3 Fax: 585-345-0591

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