Schoharie County Criminal Court handles all criminal cases that are filed in Schoharie County. See below for more information about criminal cases in Schoharie County.
Schoharie County Arraignments
An arraignment is a court hearing. In Schoharie County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Schoharie 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 Schoharie 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.
Schoharie County Criminal Court locations
Criminal proceedings take place in the Schoharie County Criminal Courts. A list of the criminal courts are located here.
Schoharie County Criminal Court
Can I request a Plea Agreement?
In Schoharie 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.
Sentencing in Schoharie County
In Schoharie 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.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
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.
Mandatory Appearances in Schoharie County Criminal Court
At a mandatory or required court appearance in Schoharie County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Schoharie County Prosecutor
For criminal cases in Schoharie County, the prosecutor will be a representative of Schoharie County. The Schoharie 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 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.
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 Schoharie 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 Schoharie 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 Schoharie 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.
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.
Schoharie County Criminal Court Locations
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Schoharie County Surrogate’s Court
Address: 290 Main Street, PO Box 669, Schoharie NY 12157
Phone: 518-295-8383 Fax: 518-295-8451 -
Schoharie County Court
Address: 290 Main Street, PO Box 669, Schoharie NY 12157
Phone: 518-295-8342 Fax: 518-295-7226 -
Blenheim Town Court
Address: 2153 State Route 30, Fultonham NY 12071
Phone: 518-827-6115 -
Broome Town Court
Address: 914 State Route 145, Middleburgh NY 12122
Phone: 518-827-8777 -
Carlisle Town Court
Address: 541 Crommie Road, PO Box 104, Carlisle NY 12031
Phone: 518-234-7080 Ext. 2 Fax: 518-234-1830 -
Cobleskill Town Court
Address: 378 Mineral Springs Road, 2nd Floor, Cobleskill NY 12043
Phone: 518-234-7886 Fax: 518-234-2481 -
Cobleskill Village Court
Address: 378 Mineral Springs Road, Suite 3, Cobleskill NY 12043
Phone: 518-234-7886 -
Conesville Town Court
Address: 184 East Consville Road, Gilboa, NY 12076
Phone: 607-588-7391 -
Esperance Town Court
Address: 104 Charleston Street, PO Box 226, Esperance NY 12066
Phone: 518-875-6109 -
Fulton Town Court
Address: 1168 Bear Ladder Road, West Fulton NY 12194
Phone: 518-827-6391 -
Gilboa Town Court
Address: PO Box 105, Gilboa NY 12076
Phone: 607-588-7604 Fax: 607-588-7365 -
Jefferson Town Court
Address: 142 Campo Road, Jefferson NY 12093
Phone: 607-652-3347 Fax: 607-652-2109 -
Middleburgh Town Court
Address: 143 Railroad Avenue, PO Box 946, Middleburgh NY 12122
Phone: 518-827-7433 Fax: 518-827-7444 -
Middleburgh Village Court
Address: 143 Railroad Avenue, PO Box 946, Middleburgh NY 12122
Phone: 518-827-7433 Fax: 518-827-7444 -
Richmondville Town Court
Address: 340 Main Street, PO Box 7, Richmondville NY 12149
Phone: 518-294-8851 Fax: 518-3221 -
Schoharie Town Court
Address: 300 Main Street, PO Box 865, Schoharie NY 12157
Phone: 518-295-6575 Fax: 518-295-7832 -
Schoharie Village Court
Address: 300 Main Street, PO Box 865, Schoharie NY 12157
Phone: 518-295-6575 Fax: 518-295-7832 -
Seward Town Court
Address: 322 Gardnersville Road, Cobleskill NY 12043
Phone: 518-234-7154 -
Sharon Town Court
Address: 1573 Hwy Route 20, Sharon Springs NY 13459
Phone: 518-284-3419 Fax: 518-284-3014 -
Summit Town Court
Address: PO Box 14, Charlotteville NY 12036
Phone: 518-287-1194 -
Wright Town Court
Address: PO Box 43, Gallupville NY 12073
Phone: 518-872-1705 Fax: 518-872-9726