Niagara County Criminal Court

Niagara County Criminal Court hears all criminal cases in Niagara County. Below you will find specific information about criminal cases and how they are handled in Niagara County.

What is the Burden of Proof?

The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.

I need help for my Niagara 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 Niagara 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 Niagara 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.

Niagara County Criminal Court

Niagara County Arraignments

An arraignment is a court hearing. In Niagara County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Niagara County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Niagara County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.

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.

Sentencing in Niagara County

In Niagara 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.

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.

Where will Niagara County criminal case hearings take place?

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

Required Court Appearances in Niagara County

Any required court appearances in Niagara County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.

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.

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 Niagara 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.

Prosecutor in Niagara County

In Niagara County, the prosecutor is an attorney representing Niagara County. In some cases, the prosecutor may actually represent New York. For the most part, the prosecutor in Niagara 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 Niagara 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.