Ontario County Criminal Court hears all criminal cases in Ontario County. Below you will find specific information about criminal cases and how they are handled in Ontario County.
Sentencing in Ontario County
In Ontario 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.
Required Court Appearances in Ontario County
Any required court appearances in Ontario 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.
In a jury trial in Ontario 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.
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.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Where will Ontario County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Ontario County. See here for the location of the criminal courts in Ontario County.
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 Ontario County a public defender will be appointed by the judge if you cannot afford private representation.
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.
Ontario County Arraignments
An arraignment is a court hearing. In Ontario County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Ontario 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 Ontario 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.
Ontario County Prosecutor
For criminal cases in Ontario County, the prosecutor will be a representative of Ontario County. The Ontario County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
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.
I need help for my Ontario 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 Ontario 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 Ontario 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.
Ontario County Criminal Court Locations
Ontario County Surrogate’s Court
Address: 27 North Main Street, Canandaigua NY 14424
Phone: 585-412-5283 Fax: 585-396-4576
Ontario County Court
Address: 27 North Main Street, Canandaigua NY 14424
Phone: 585-412-5300 Fax: 585-396-4576
Canandaigua City Court
Address: 2 North Main Street, Canandaigua NY 14424
Phone: 585-412-5170 Fax: 585-412-5172
Geneva City Court
Address: 255 Exchange Street, Geneva NY 14456
Phone: 315-237-6575 Fax: 315-237-6415
Bristol Town Court
Address: 6740 County Road 32, Canandaigua NY 14424
Phone: 585-229-4523 Fax: 585-229-4523
Canadice Town Court
Address: 5949 County Road 37, Springwater NY 14560
Canandaigua Town Court
Address: 5440 Route 5 and 20 West, Canandaigua NY 14424
Phone: 585-394-1120 Fax: 585-394-7373
Clifton Springs Village Court
Address: 1 West Main Street, Clifton Springs NY 14432
East Bloomfield Town Court
Address: 99 Main Street, PO Box 85, East Bloomfield NY 14443
Farmington Town Court
Address: 1000 County Road 8, Farmington NY 14425
Phone: 315-986-8195 Fax: 315-986-2891
Geneva Town Court
Address: 3750 County Road 6, Geneva NY 14456
Gorham Town Court
Address: 4736 South Street, Gorham NY 14461
Phone: 585-526-6298 Fax: 585-526-4799
Hopewell Town Court
Address: 2716 County Road 47, Canandaigua NY 14424
Phone: 585-394-1963 Ext. 6 Fax: 585-394-8581
Manchester Town Court
Address: 1272 County Road 7, PO Box 633, Clifton Springs NY 14432
Phone: 585-289-3010 Fax: 315-462-6224
Naples Town Court
Address: 106 South Main Street, PO Box 535, Naples NY 14512
Phone: 585-374-2111 Fax: 585-374-9981
Phelps Town Court
Address: 1331 Route 88, PO Box 219, Phelps NY 14532
Richmond Town Court
Address: 8690 Main Street, PO Box 145, Honeoye NY 14471
Phone: 585-229-4006 or 585-229-5777
Seneca Town Court
Address: 4224 South Street, PO Box 536, Stanley NY 14561
Phone: 585-526-4780 Fax: 585-526-5128
South Bristol Town Court
Address: 6500 Gannett Hill Road West, Naples NY 14512
Phone: 585-374-6355 Fax: 585-374-9802
Victor Town Court
Address: 11 Framark Drive, Victor NY 14564
Phone: 585-924-5262 Fax: 585-924-6958
West Bloomfield Town Court
Address: 2560 County Road 37, PO Box 82, West Bloomfield NY 14585