Herkimer County Criminal Court handles all criminal cases that are filed in Herkimer County. See below for more information about criminal cases in Herkimer County.
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.
Herkimer County Criminal Court hearings
Criminal hearings in Herkimer County will take place at the Herkimer County Criminal Courts. Please see here for a list of the Herkimer County Criminal Court Locations.
Arraignments in Herkimer County
During an arraignment in Herkimer 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 Herkimer 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 Herkimer County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
In a jury trial in Herkimer County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
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 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.
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.
Herkimer County Required Court Appearances
In Herkimer 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.
Prosecutor in Herkimer County
In Herkimer County, the prosecutor is an attorney representing Herkimer County. In some cases, the prosecutor may actually represent New York. For the most part, the prosecutor in Herkimer County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Sentencing in Herkimer County
In Herkimer 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.
I need help for my Herkimer 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 Herkimer 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 Herkimer 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.
Herkimer County Criminal Court Locations
Herkimer County Surrogate’s Court
Address: 301 North Washington Street, Herkimer NY 13350
Phone: 315-867-1170 Fax: 315-866-1722
Herkimer County Court
Address: 301 North Washington Street, Herkimer NY 13350
Phone: 315-867-1282 (Criminal) Fax: 315-866-1722
Little Falls City Court
Address: 659 East Main Street, Little Falls NY 13365
Phone: 315-823-1690 Fax: 315-266-4711
Columbia Town Court
Address: 147 Columbia Center Road, Ilion NY 13357
Danube Town Court
Address: 438 Creek Road, PO Box 543, Little Falls NY 13365
Phone: 315-823-4210 Fax: 315-823-3518
Fairfield Town Court
Address: E. W. Corey Hall, PO Box 76, Middleville NY 13406
Frankfort Town Court
Address: 140 South Litchfield Street, Frankfort NY 13340
Phone: 315-895-7267 Fax: 315-894-0910
Frankfort Village Court
Address: 110 Railroad Street, Suite 6, Frankfort NY 13340
Phone: 315-894-8513 Fax: 315-894-0273
German Flatts Town Court
Address: 66 East Main Street, PO Box 57, Mohawk NY 13407
Herkimer Town Court
Address: 114 North Prospect Street, Herkimer NY 13350
Herkimer Village Court
Address: 118 Green Street, Herkimer NY 13350
Phone: 315-866-0604 Fax: 315-866-0604
Ilion Village Justice Court
Address: 45 Morgan Street, PO Box 270, Ilion NY 13357
Litchfield Town Court
Address: 804 Cedarville Road, Ilion NY 13357
Little Falls Town Court
Address: 478 Flint Avenue Extension, Little Falls NY 13365
Manheim Town Court
Address: 6356 State Route 167, PO Box 32, Dolgeville NY 13329
Middleville Village Court
Address: PO Box 76, Middleville NY 13406
Newport Town Court
Address: 2287 West Street, PO Box 534, Newport NY 13416
Phone: 315-845-8340 Fax: 315-845-8060
Newport Village Court
Address: 2287 West Street, PO Box 494, Newport NY 13416
Norway Town Court
Address: 3013 Military Road, Newport NY 13416
Ohio Town Court
Address: 234 Nellis Road, Cold Brook NY 13324
Russia Town Court
Address: 8916 North Main Street, PO Box 126, Poland NY 13431
Phone: 315-826-3074 Fax: 315 826-3614
Salisbury Town Court
Address: PO Box 241, Little Falls NY 13365
Phone: 315-429-8581 Fax: 315-429-9039
Schuyler Town Court
Address: 2090 State Route 5, Utica NY 13502
Stark Town Court
Address: 1270 Chyle Road, PO Box 115, Van Hornesville NY 13475
Warren Town Court
Address: 175 Little Lakes Road, Richfield Springs NY 13439
Webb Town Court
Address: State Route 28, PO Box 157, Old Forge NY 13420
Winfield Town Court
Address: 179 South Street, PO Box 308, West Winfield NY 13491