Orleans County Criminal Court handles all criminal cases that are filed in Orleans County. See below for more information about criminal cases in Orleans County.
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.
Orleans County Prosecutor
For criminal cases in Orleans County, the prosecutor will be a representative of Orleans County. The Orleans 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.
Orleans County Criminal Court
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
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.
Sentencing in Orleans County
In Orleans 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.
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.
Orleans County Arraignments
An arraignment is a court hearing. In Orleans County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Orleans 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 Orleans 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.
Orleans County Required Court Appearances
In Orleans 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.
Where can I get help for my Orleans 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 Orleans 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.
Orleans County Criminal Court locations
Criminal proceedings take place in the Orleans County Criminal Courts. A list of the criminal courts are located here.
Can I request a Plea Agreement?
In Orleans County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
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.
Orleans County Criminal Court Locations
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Orleans County Surrogate’s Court
Address: 1 South Main Street, Suite 3, Albion NY 14411
Phone: 585-589-4457 Fax: 585-589-0632 -
Orleans County Court
Address: 1 South Main Street, Suite 3, Albion NY 14411
Phone: 585-589-5458 Fax: 585-589-0632 -
Albion Town Court
Address: Phone: 585-589-7048, Ext. 18
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Barre Town Court
Address: Phone: 585-589-5100, Ext. 4 Fax: 585-589-2510
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Carlton Town Court
Address: 1434 Waterport-Carlton Road, Albion NY 14411
Phone: 585-682-4517 -
Clarendon Justice Court
Address: Phone: 585-638-6371, Ext. 102
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Gaines Justice Court
Address: 14087 Ridge Road, Albion NY 14411
Phone: 585-589-4592 Fax: 585-589-1768 -
Kendall Town Court
Address: 1873 Kendall Road, Kendall NY 14476
Phone: 585-659-8546 Fax: 585-659-8202 -
Murray Justice Court
Address: 3840 Fancher Road, Holley NY 14470
Phone: 585-638-6570 Ext. 105 Fax: 585-206-5054 -
Ridgeway Town Court
Address: 4062 Salt Works Road, Medina NY 14103
Phone: 585-798-3282 Fax: 585-318-4107 -
Shelby Town Court
Address: 4062 Salt Works Road, Medina NY 14103
Phone: 585-798-3120 -
Yates Town Court
Address: 8 South Main Street, PO Box 484, Lyndonville NY 14098
Phone: 585-765-9603