Oswego County Criminal Court hears all criminal cases in Oswego County. Below you will find specific information about criminal cases and how they are handled in Oswego County.
Oswego County Prosecutor
For criminal cases in Oswego County, the prosecutor will be a representative of Oswego County. The Oswego 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.
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.
In a jury trial in Oswego 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.
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.
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Oswego County Required Court Appearances
In Oswego 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 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.
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.
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.
Oswego County Arraignments
An arraignment is a court hearing. In Oswego County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Oswego 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 Oswego 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.
Where can I get help for my Oswego 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 Oswego 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.
Oswego County Criminal Court hearings
Criminal hearings in Oswego County will take place at the Oswego County Criminal Courts. Please see here for a list of the Oswego County Criminal Court Locations.
Oswego County Criminal Court Locations
Oswego County Surrogate’s Court
Address: 25 East Oneida Street, Oswego NY 13126
Phone: 315-349-3295 Fax: 315-349-8514
Oswego County Court
Address: 25 East Oneida Street, Oswego NY 13126
Phone: 315-349-3277 Fax: 315-349-8513
Fulton City Court
Address: 141 South 1st Street, Fulton NY 13069
Phone: 315-593-8400 Fax: 315-266-4753
Oswego City Court
Address: 20 West Oneida Street, Oswego NY 13126
Phone: 315-343-0415 Fax: 315-266-4752
Albion Town Court
Address: 15 Bridge Street, PO Box 127, Altmar NY 13302
Phone: 315-298-6325 Fax: 315-298-5793
Amboy Town Court
Address: 822 State Route 69, Williamstown NY 13493
Phone: 315-964-7799 Fax: 315-964-7799
Boylston Town Court
Address: 388 County Route 15, Lacona NY 13083
Phone: 315-387-5530 Fax: 315-387-5530
Central Square Village Court
Address: 3125 East Avenue, PO Box 509, Central Square NY 13036
Phone: 315-668-8228 Fax: 315-668-7037
Constantia Town Court
Address: 14 Frederick Street, PO Box 214, Constantia NY 13044
Phone: 315-243-2600 (Justice Simpson) Fax: 315-623-9623
Granby Justice Court
Address: 820 County Route 8, Fulton NY 13069
Phone: 315-598-2958 Fax: 315-593-6987
Hannibal Town Court
Address: 824 County Route 34, Drawer B, Hannibal NY 13074
Phone: 315-564-6698 Fax: 315-564-6372
Hastings Town Court
Address: 1134 US Route 11, Central Square NY 13036
Phone: 315-676-4317 (Justice Clark) Fax; 315-668-8439
Mexico Town Court
Address: Watson Avenue, McFee Annex, Mexico NY 13114
Minetto Town Court
Address: 6 Community Drive, PO Box 220, Minetto NY 13115
Phone: 315-326-0030 Fax: 315-326-0030
New Haven Town Court
Address: 4279 State Route 104, PO Box 141, New Haven NY 13121
Orwell Town Court
Address: 1999 County Route 2, Orwell NY 13426
Phone: 315-298-3040 Fax: 315-298-4705
Oswego Town Court
Address: 640 County Route 20, Suite 2, Oswego NY 13126
Phone: 315-343-7249 (Judge Sterio)
Palermo Town Court
Address: 53 County Route 35, Fulton NY 13069
Phone: 315-593-2333 Ext. 222 Fax: 315-598-5194
Parish Town Court
Address: 2938 East Main Street, Parish NY 13131
Phone: 315-625-7362 (Justice Wert) Fax: 315-625-7282
Pulaski Village Court
Address: 4917 Jefferson Street, Pulaski NY 13142
Redfield Town Court
Address: 16 Hayes Road, Redfield NY 13437
Phone: 315-599-8825 Fax: 315-599-7468
Richland Town Court
Address: 1 Bridge Street, PO Box 29, Pulaski NY 13142
Phone: 315-298-5174 Ext. 25 Fax: 315-298-7348
Sandy Creek Town Court
Address: Phone: 315-387-5456, Ext. 1 Fax: 315-387-6233
Schroeppel Justice Court
Address: 69 County Route 57A, Phoenix NY 13135
Phone: 315-695-6177 Ext. 4 Fax: 315-695-3530
Scriba Town Court
Address: 42 Creamery Road, Oswego NY 13126
Phone: 315-343-3250 or 315-343-1503 Fax: 315-342-8601
Volney Town Court
Address: 1445 County Route 6, Fulton NY 13069
Phone: 315-598-7082 Fax: 315-598-8713
West Monroe Town Court
Address: 46 County Route 11, West Monroe NY 13167
Phone: 315-676-3522 Fax: 315-676-4910
Williamstown Town Court
Address: 2912 County Route 17, Williamstown NY 13493
Phone: 315-964-2279 Fax: 315-349-4874