Otsego County Criminal Court hears all criminal cases in Otsego County. Below you will find specific information about criminal cases and how they are handled in Otsego 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.
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.
Otsego County Criminal Court
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 Otsego 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.
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 Otsego County a public defender will be appointed by the judge if you cannot afford private representation.
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.
What happens in Otsego County at an arraignment?
In Otsego 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.
Required Court Appearances in Otsego County
Any required court appearances in Otsego 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.
Sentencing in Otsego County
In Otsego 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.
Prosecutor in Otsego County
In Otsego County, the prosecutor is an attorney representing Otsego County. In some cases, the prosecutor may actually represent New York. For the most part, the prosecutor in Otsego County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Where will Otsego County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Otsego County. See here for the location of the criminal courts in Otsego County.
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.
Who can help me in Otsego County?
For general information about your case the Otsego County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Otsego County Criminal Court Locations
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Otsego County Surrogate’s Court
Address: 197 Main Street, Cooperstown NY 13326
Phone: 607-547-4213 Fax: 607-547-7566 -
Otsego County Court
Address: 197 Main Street, Cooperstown NY 13326
Phone: 607-547-4364 Fax: 646-963-6663 -
Oneonta City Court
Address: 81 Main Street, Oneonta NY 13820
Phone: 607-432-4480 Fax: 646-963-6433 -
Burlington Town Court
Address: 6011 State Highway 51, Burlington Flats NY 13315
Phone: 607-965-8649 Fax: 607-965-9800 -
Butternuts Town Court
Address: 1234 State Highway 51, PO Box 26, Gilbertsville NY 13776
Phone: 607-783-2758 Fax: 607-783-2758 -
Cherry Valley Town Court
Address: 2407 State Route 166, PO Box 243, Cherry Valley NY 13320
Phone: 607-264-8324 Fax: 607-264-8324 -
Cooperstown Village Court
Address: 22 Main St, PO Box 346, Cooperstown NY 13326
Phone: 607-547-9597 Fax: 607-547-5487 -
Decatur Town Court
Address: 104 County Highway 37, Worcester NY 12197
Phone: 607-397-8287 Fax: 607-397-9116 -
Edmeston Town Court
Address: 2 West Street, Edmeston NY 13335
Phone: 607-965-9823 Fax: 607-965-8059 -
Exeter Town Court
Address: 7411 State Highway 28, PO Box 223, Schuyler Lake NY 13457
Phone: 315-858-3905 Fax: 315-858-3905 -
Hartwick Town Court
Address: 103 Town Drive, PO Box 106, Hartwick NY 13348
Phone: 607-293-8133 Fax: 607-293-7728 -
Laurens Town Court
Address: 37 Brook Street, Laurens NY 13796
Phone: 607-433-1053 Fax: 607-433-1053 -
Laurens Village Court
Address: 37 Brook Street, Laurens NY 13796
Phone: 607-433-1053 Fax: 607-433-1053 -
Maryland Town Court
Address: 40 Main Street, PO Box 6, Schenevus NY 12155
Phone: 607-638-9495 Fax: 607-638-5743 -
Middlefield Town Court
Address: 3715 County Highway 35, Cooperstown NY 13326
Phone: 607-547-2126 Fax: 607-547-5182 -
Milford Town Court
Address: 2859 State Highway 28, PO Box 28, Portlandville NY 13834
Phone: 607-286-7773 Fax: 607-286-9502 -
Morris Town Court
Address: 93 Main Street, PO Box 524, Morris NY 13808
Phone: 607-263-2224 Fax: 607-263-5762 -
New Lisbon Town Court
Address: 908 County Hwy 16, PO Box 242, Garrattsville NY 13342
Phone: 607-965-8627 -
Oneonta Town Court
Address: 3966 State Highway 23,PO Box A, West Oneonta NY 13861
Phone: 607-432-0124 Fax: 607-432-0418 -
Otego Town Court
Address: 3526 State Highway 7, PO Box 468, Otego NY 13825
Phone: 607-988-2698 Fax: 607-988-7081 -
Otsego Town Court
Address: 811 County Highway 26, PO Box 57, Fly Creek NY 13337
Phone: 607-547-5689 Fax: 607-547-2067 -
Pittsfield Town Court
Address: 167 State Highway 80, New Berlin NY 13411
Phone: 607-263-6524 Fax: 607-263-2652 -
Plainfield Town Court
Address: 129 County Highway 18A, West Winfield NY 13491
Phone: 315-855-7873 Fax: 315-855-7873 -
Richfield Springs Village Court
Address: 102 Main Street, Richfield Springs NY 13439
Phone: 315-858-2048 Fax: 315-858-2048 -
Richfield Town Court
Address: 18 East James Street, PO Box 786, Richfield Springs NY 13439
Phone: 315-858-2830 Fax: 315-858-3812 -
Roseboom Town Court
Address: 126 County Highway 50, Cherry Valley NY 13320
Phone: 607-264-3293 Fax: 607-264-3293 -
Springfield Town Court
Address: County Route 29A, PO Box 325, Springfield Center NY 13468
Phone: 315-858-1508 Fax: 315-858-1508 -
Unadilla Town Court
Address: 1648 State Hwy 7, PO Box 334, Unadilla NY 13849
Phone: 607-369-7458 Fax: 607-369-2969 -
Westford Town Court
Address: 1812 County Highway 34, PO Box 165, Westford NY 13488
Phone: 607-638-9972 Fax: 607-638-9042 -
Worcester Town Court
Address: 29 Katie Lane, PO Box 294, Worcester NY 12197
Phone: 607-397-8476 Fax: 607-397-8476