Monroe County Criminal Court hears all criminal cases in Monroe County. Below you will find specific information about criminal cases and how they are handled in Monroe County.
Where will Monroe County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Monroe County. See here for the location of the criminal courts in Monroe County.
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.
Monroe County Criminal Court
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.
Who is the prosecutor for Monroe County?
Depending upon the case, the prosecutor for Monroe County criminal cases will either be a representative of Monroe 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.
What happens in Monroe County at an arraignment?
In Monroe 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.
Monroe County Required Court Appearances
In Monroe 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.
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.
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 Monroe 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.
I need help for my Monroe 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 Monroe 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 Monroe 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 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.
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 Monroe County a public defender will be appointed by the judge if you cannot afford private representation.
Monroe County Criminal Court Locations
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Monroe County Surrogate’s Court
Address: 99 Exchange Blvd, Rochester NY 14614
Phone: 585-371-3310 Fax: 585-371-3313 -
Monroe County Court
Address: 99 Exchange Blvd, Rochester NY 14614
Phone: 585-371-3758 Fax: 585-371-3780 -
Rochester City Court – Civil Division
Address: 99 Exchange Blvd, Rochester NY 14614
Phone: 585-371-3412 -
Rochester City Court – Criminal Division
Address: 123 Public Safety Building, Rochester NY 14614
Phone: 585-371-3413 Fax: 585-371-3430 -
Brighton Town Court
Address: 2300 Elmwood Avenue, Rochester NY 14618
Phone: 585-784-5152 Fax: 585-784-5380 -
Chili Town Court
Address: 3235 Chili Avenue, Rochester NY 14624
Phone: 585-889-1999 Fax: 585-889-8932 -
Clarkson Justice Court
Address: 3655 Lake Road, PO Box 803, Clarkson NY 14430
Phone: 585-637-1134 Fax: 585-637-1140 -
East Rochester Town Court
Address: 120 West Commercial Street, East Rochester NY 14445
Phone: 585-385-2576 Fax: 585-387-8026 -
Fairport Justice Court
Address: 31 South Main Street, Fairport NY 14450
Phone: 585-223-0316 Fax: 585-421-3280 -
Gates Justice Court
Address: 1605 Buffalo Road, Rochester NY 14624
Phone: 585-426-0410 -
Greece Town Court
Address: 4 Vince Tofany Blvd, Greece NY 14612
Phone: 585-227-3110 Fax: 585-227-7637 -
Hamlin Town Court
Address: 1650 Lake Road, Hamlin NY 14464
Phone: 585-964-8641 Fax: 585-964-2520 -
Henrietta Town Court
Address: 135 Calkins Road, Rochester NY 14623
Phone: 585-359-2640 Fax: 585-359-8706 -
Honeoye Falls Village Court
Address: 5 East Street, Honeoye Falls NY 14472
Phone: 585-624-1711 Fax: 585-624-2588 -
Irondequoit Town Court
Address: 1300 Titus Avenue, Rochester NY 14617
Phone: 585-336-6040 -
Mendon Justice Court
Address: 16 West Main Street, Honeoye Falls NY 14472
Phone: 585-624-6064 Fax: 585-624-3682 -
Ogden Town Court
Address: 269 Ogden Center Road, Spencerport NY 14559
Phone: 585-617-6118 Fax: 585-352-2156 -
Parma Justice Court
Address: 1300 Parma-Hilton Corners Road, Hilton NY 14468
Phone: 585-392-9470 Fax: 585-392-4194 -
Penfield Town Court
Address: 1985 Baird Road, Penfield NY 14526
Phone: 585-377-8623 or 585-340-8624 -
Perinton Town Court
Address: 1350 Turk Hill Road, Fairport NY 14450
Phone: 585-223-0770 Fax: 585-223-3639 -
Pittsford Town Court
Address: 3750 Monroe Avenue, Pittsford NY 14534
Phone: 585-248-6238 Fax: 585-248-6233 -
Riga Town Court
Address: 6460 East Buffalo Road, Churchville NY 14428
Phone: 585-293-3880 Ext. 127 or 128 Fax: 585-293-1077 -
Rush Justice Court
Address: 5977 East Henrietta Road, Rush NY 14543
Phone: 585-533-1130 Fax: 585-533-6521 -
Sweden Town Court
Address: 18 State Street, Brockport NY 14420
Phone: 585-637-1070 Fax: 585-637-7726 -
Webster Justice Court
Address: 1002 Ridge Road, Webster NY 14580
Phone: 585-872-1000 Fax: 585-872-7096 -
Wheatland Town Court
Address: 22 Main Street, PO Box 28, Scottsville NY 14546
Phone: 585-889-3074 Fax: 585-889-3017