Lewis County Criminal Court hears all criminal cases in Lewis County. Below you will find specific information about criminal cases and how they are handled in Lewis County.
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.
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.
Lewis County Criminal Court
What happens in Lewis County at an arraignment?
In Lewis 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 Lewis County a public defender will be appointed by the judge if you cannot afford private representation.
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.
Who can help me in Lewis County?
For general information about your case the Lewis 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.
Lewis County Criminal Court locations
Criminal proceedings take place in the Lewis County Criminal Courts. A list of the criminal courts are located here.
Prosecutor in Lewis County
In Lewis County, the prosecutor is an attorney representing Lewis County. In some cases, the prosecutor may actually represent New York. For the most part, the prosecutor in Lewis County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Jury Deliberation
In a jury trial in Lewis 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.
Plea Agreements
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 Lewis 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.
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.
Lewis County Required Court Appearances
In Lewis 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.
Lewis County Criminal Court Locations
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Lewis County Surrogate’s Court
Address: 7660 North State Street, 2nd Floor, Lowville NY 13367
Phone: 315-376-5344 Fax: 315-376-1647 -
Lewis County Court
Address: 7660 North State Street, 3rd Floor, Lowville NY 13367
Phone: 315-376-5380 Fax: 315-376-1656 -
Croghan Town Court
Address: 9882 Route 126, Suite B, Castorland, NY 13620
Phone: 315-346-1212 Ext. 2 Fax: 315-346-6844 -
Denmark Town Court
Address: 3707 Roberts Road, Carthage NY 13619
Phone: 315-493-1302 Ext. 3 Fax: 315-493-4809 -
Diana Town Court
Address: PO Box 271, Harrisville NY 13648
Phone: 315-543-2312 -
Greig Town Court
Address: PO Box 56, Glenfield NY 13343
Phone: 315-348-8272 -
Harrisburg Town Court
Address: 7886 Cobb Road, PO Box 208, Lowville NY 13367
Phone: 315-688-4193 Fax: 315-874-4186 -
Lewis Town Court
Address: 1046 State Route 26, PO Box 81, West Leyden NY 13489
Phone: 315-942-2371 -
Leyden Town Court
Address: 3514 Mechanic Street, Port Leyden New York 13433
Phone: 315-348-4350 Fax: 315-348-4576 -
Lowville Town Court
Address: 5533 Bostwick Street, Lowville NY 13367
Phone: 315-376-8070 Fax: 315-376-8924 -
Lowville Village Court
Address: 5535 Bostwick Street, Lowville NY 13367
Phone: 315-376-2834 Fax: 315-376-2814 -
Lyonsdale Town Court
Address: 7158 Galarneau Road, Port Leyden NY 13433
Phone: 315-348-8666 Fax: 315-348-8666 -
Martinsburg Town Court
Address: 6105 Glendale Road, Martinsburg NY 13404
Phone: 315-377-3099 -
Montague Town Court
Address: 7886 Cobb Road, PO Box 208, Lowville NY 13367
Phone: 315-688-4193 Fax: 315-874-4186 -
New Bremen Town Court
Address: 8420 State Route 812, Lowville NY 13367
Phone: 315-376-3752 Fax: 315-376-2242 -
Osceola Town Court
Address: 1426 Osceola Road, PO Box 210, Camden NY 13316
Phone: 315-599-8891 -
Pinckney Town Court
Address: 7886 Cobb Road, PO Box 208, Lowville NY 13367
Phone: 315-688-4193 Fax: 315-874-4186 -
Port Leyden Village Court
Address: 3514 Mechanic Street, Port Leyden New York 13433
Phone: 315-348-4350 Fax: 315-348-4576 -
Turin Town Court
Address: 6312 East Main Street, PO Box 69, Turin NY 13473
Phone: 315-348-6073 -
Watson Town Court
Address: 6971 Number 4 Road, Lowville NY 13367
Phone: 315-376-8132 Fax: 315-376-4247 -
West Turin Town Court
Address: 4059 Cherry Street, PO Box 703, Lyons Falls NY 13368
Phone: 315-397-2786