Onondaga County Criminal Court hears all criminal cases in Onondaga County. Below you will find specific information about criminal cases and how they are handled in Onondaga County.
Onondaga County Required Court Appearances
In Onondaga 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.
What happens in Onondaga County at an arraignment?
In Onondaga 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.
Where can I get help for my Onondaga County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Onondaga County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
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.
Prosecutor in Onondaga County
In Onondaga County, the prosecutor is an attorney representing Onondaga County. In some cases, the prosecutor may actually represent New York. For the most part, the prosecutor in Onondaga County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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 Onondaga 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.
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.
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 Onondaga County a public defender will be appointed by the judge if you cannot afford private representation.
Where will Onondaga County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Onondaga County. See here for the location of the criminal courts in Onondaga County.
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.
Onondaga County Criminal Court Locations
Onondaga County Surrogate’s Court
Address: 401 Montgomery Street, Syracuse NY 13202
Phone: 315-671-2100 Fax: 315-671-1162
Onondaga County Court
Address: 505 South State Street, Syracuse NY 13202
Phone: 315-671-1020 Fax: 315-671-1191
Syracuse City Court
Address: 505 South State Street, Syracuse NY 13202
Phone: 315-671-2700 Fax: 315-671-2740
Baldwinsville Village Court
Address: 16 West Genesee Street, Baldwinsville NY 13027
Phone: 315-635-6355 Fax: 315-638-7328
Camillus Town Court
Address: 4600 West Genesee Street, Syracuse NY 13219
Phone: 315-487-7066 (Justice Petosa) Fax: 315-487-8878
Cicero Justice Court
Address: 8236 Brewerton Rd, Cicero NY 13039
Phone: 315-699-8478 Ext. 3 Fax: 315-699-7017
Clay Town Court
Address: 4401 Route 31, Clay NY 13041
Phone: 315-652-3800 Fax: 315-622-7259
DeWitt Town Court
Address: 5400 Butternut Drive, East Syracuse NY 13057
Phone: 315-446-7136 Fax: 315-446-1232
East Syracuse Village Court
Address: 204 North Center Street, East Syracuse NY 13057
Phone: 315-437-3541 Ext. 3300 Fax: 315-463-1137
Elbridge Town Court
Address: Route 31, PO Box 568, Jordan NY 13080
Phone: 315-689-7380 Fax: 315-689-6395
Fabius Town Court
Address: 7786 Main Street, PO Box 164, Fabius NY 13063
Phone: 315-683-9847 Fax: 315-683-9847
Fayetteville Village Court
Address: 425 East Genesee Street, Fayetteville NY 13066
Phone: 315-637-8070 Fax: 315-637-0106
Geddes Town Court
Address: 1000 Woods Road, Solvay NY 13209
Phone: 315-468-3613 Ext. 5 Fax: 315-487-5819
Jordan Village Court
Address: 7 Mechanic Street, PO Box 561, Jordan NY 13080
LaFayette Town Court
Address: 2577 US Route 11, PO Box 135, LaFayette NY 13084
Phone: 315-677-9350 Fax: 315-677-4622
Liverpool Justice Court
Address: 310 Sycamore Street, Liverpool NY 13088
Phone: 315-457-5379 Ext. 7 Fax: 315-453-2070
Lysander Town Court
Address: 8220 Loop Road, Baldwinsville NY 13027
Phone: 315-638-1308 Fax: 315-635-1515
Manlius Town Court
Address: 301 Brooklea Drive, Fayetteville NY 13066
Phone: 315-637-3251 Fax: 315-637-9807
Manlius Village Court
Address: 1 Arkie Albanese Avenue, Manlius NY 13104
Phone: 315-682-7245 Fax: 315-682-6121
Marcellus Town Court
Address: 24 East Main Street, Marcellus NY 13108
Phone: 315-673-3269 Ext. 3 Fax: 315-673-9155
Minoa Village Court
Address: 240 North Main Street, Minoa NY 13116
Phone: 315-656-2203 Fax: 315-656-3642
North Syracuse Village Court
Address: 600 South Bay Road, North Syracuse NY 13212
Phone: 315-458-4695 Fax: 315-458-5197
Onondaga Justice Court
Address: 5020 Ball Road, Syracuse NY 13215
Otisco Town Court
Address: 1924 Barker Street, Tully NY 13159
Phone: 315-696-6771 Fax: 315-696-4678
Pompey Town Court
Address: 8354 US Route 20, Manlius NY 13104
Phone: 315-682-1168 Phone: 315-682-3659
Salina Town Court
Address: 201 School Road, Liverpool NY 13088
Phone: 315-457-4252 Ext. 5 (Judge Carey)
Skaneateles Justice Court
Address: 24 Jordan Street, Skaneateles NY 13152
Phone: 315-685-5880 Fax: 315-685-4779
Solvay Village Court
Address: 1100 Woods Road, Solvay NY 13209
Phone: 315-468-1608 Fax: 315-468-1600
Spafford Justice Court
Address: 1984 State Route 174, Skaneateles NY 13152
Tully Town Court
Address: 5883 Meeting House Road, PO Box 126, Tully NY 13159
Phone: 315-696-5884 Fax: 315-696-0114
Van Buren Town Court
Address: 7575 Van Buren Road, Baldwinsville NY 13027
Phone: 315-635-3523 Fax: 315-635-5083