Sullivan County Criminal Court handles all criminal cases that are filed in Sullivan County. See below for more information about criminal cases in Sullivan County.
Mandatory Appearances in Sullivan County Criminal Court
At a mandatory or required court appearance in Sullivan 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.
Where can I get help for my Sullivan 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 Sullivan 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.
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.
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.
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 Sullivan County a public defender will be appointed by the judge if you cannot afford private representation.
Who is the prosecutor for Sullivan County?
Depending upon the case, the prosecutor for Sullivan County criminal cases will either be a representative of Sullivan County or a representative from New York. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
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.
Sullivan County Criminal Court locations
Criminal proceedings take place in the Sullivan County Criminal Courts. A list of the criminal courts are located here.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
What happens in Sullivan County at an arraignment?
In Sullivan 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.
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.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Sullivan County Criminal Court Locations
Sullivan County Surrogate’s Court
Address: 100 North Street, Monticello NY 12701
Phone: 845-807-0690 Fax: 845-794-0310
Sullivan County Court
Address: 414 Broadway, Monticello NY 12701
Phone: 845-794-4066 Fax: 845-791-6170
Bethel Justice Court
Address: Mailing: PO Box 691, Kauneonga Lake NY 12749
Phone: 845-583-7420 Fax: 845-583-7804
Bloomingburg Village Court
Address: 13 North Road, PO Box 314, Bloomingburg NY 12721
Callicoon Town Court
Address: 19 Legion Street, PO Box 687, Jeffersonville NY 12748
Phone: 845-482-5390 Ext. 301 Fax: 845-482-9017
Cochecton Town Court
Address: 74 Smales Road, Lake Huntington NY 12752
Phone: 845-932-8360 Ext. 20
Delaware Town Court
Address: 104 Main Street, PO Box 129, Hortonville NY 12745
Phone: 845-887-5250 Ext. 8
Fallsburg Justice Court
Address: 19 Railroad Plaza, PO Box 2019, South Fallsburg NY 12779
Phone: 845-434-4574 Fax: 845-436-4372
Forestburgh Justice Court
Address: 332 King Road, PO Box 114, Forestburgh NY 12777
Phone: 845-794-0611 Ext. 29 Fax: 845-794-7855
Fremont Town Court
Address: PO Box 69, Fremont Center NY 12736
Highland Town Justice Court
Address: 2 Schoolhouse Road, PO Box 207, Barryville NY 12719
Phone: 845-557-8132 Fax: 845-557-0509
Liberty Town Court
Address: 120 North Main Street, Liberty NY 12754
Liberty Village Justice Court
Address: 120 North Main Street, Liberty NY 12754
Lumberland Justice Court
Address: 1054 Proctor Road, PO Box 226, Glen Spey NY 12737
Phone: 845-856-8600 Ext. 219
Mamakating Justice Court
Address: 2948 Route 209, Wurtsboro NY 12790
Monticello Village Court
Address: 18 Pleasant Street, Monticello NY 12701
Neversink Justice Court
Address: 273 Main Street, PO Box 307, Grahamsville NY 12740
Phone: 845-985-2262 Ext. 311 Fax: 845-985-7686
Rockland Justice Court
Address: 1939 Old Route 17, PO Box 28, Roscoe NY 12776
Phone: 607-498-4320 Fax: 607-498-6191
Thompson Town Court
Address: 4052 Route 42, Monticello NY 12701
Phone: 845- 794-7130
Tusten Justice Court
Address: 210 Bridge Street, PO Box 195, Narrowsburg NY 12764
Phone: 845-252-7146 Ext. 5
Woodridge Village Court
Address: 2 Dairyland Road, PO Box 655, Woodridge NY 12789