Tioga County Criminal Court hears all criminal cases in Tioga County. Below you will find specific information about criminal cases and how they are handled in Tioga County.
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.
Required Court Appearances in Tioga County
Any required court appearances in Tioga 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.
Tioga County Criminal Court
Jury Deliberations in Tioga County
In Tioga County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
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.
Sentencing in Tioga County
In Tioga 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.
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 Tioga 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 Tioga County at an arraignment?
In Tioga 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.
Where can I get help for my Tioga 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 Tioga 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.
Tioga County Criminal Court locations
Criminal proceedings take place in the Tioga County Criminal Courts. A list of the criminal courts are located here.
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.
Tioga County Prosecutor
For criminal cases in Tioga County, the prosecutor will be a representative of Tioga County. The Tioga 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.
Tioga County Criminal Court Locations
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Tioga County Surrogate’s Court
Address: 20 Court Street, PO Box 10, Owego NY 13827
Phone: 607-689-6099 Fax 646-963-6398 -
Tioga County Court
Address: 16 Court Street, PO Box 307, Owego NY 13827
Phone: 607-689-6102 Fax: 212-401-5970 -
Barton Town Court
Address: 304 Route 17C, Waverly NY 14892
Phone: 607-565-2261 Fax: 607-565-2231 -
Berkshire Town Court
Address: 18 Railroad Avenue, Berkshire NY 13736
Phone: 607-657-8601 -
Candor Town Court
Address: 101 Owego Road, PO Box 6, Candor NY 13743
Phone: 607-659-3175 Ext. 2 Fax: 607-659-3464 -
Candor Village Court
Address: 101 Owego Road, PO Box 6, Candor NY 13743
Phone: 607-659-3175 Ext. 2 Fax: 607-659-3464 -
Newark Valley Town Court
Address: 109 Whig Street, Newark Valley NY 13811
Phone: 607-642-5278 Fax: 607-642-5255 -
Nichols Town Court
Address: 54 East River Road, PO Box 365, Nichols NY 13812
Phone: 607-699-3981 Ext. 13 Fax: 607-699-7959 -
Owego Town Court
Address: 2354 State Route 434, Apalachin NY 13732
Phone: 607-687-0123 Ext. 4 Fax: 607-687-0216 -
Owego Village Court
Address: 90 Temple Street, Owego NY 13827
Phone: 607-687-2236 Fax: 607-687-3518 -
Richford Town Court
Address: Town Hall, 7 Bowery Lane, PO Box 170, Richford NY 13835
Phone: 607-657-8090 Fax: 607-657-8090 -
Spencer Town Court
Address: 79 East Tioga Street, Spencer NY 14883
Phone: 607-589-7342 Fax: 607-589-6910 -
Spencer Village Court
Address: 41 North Main Street, Spencer NY 14883
Phone: 607-589-4310 Fax: 607-589-4310 -
Tioga Town Court
Address: 54 5th Avenue, PO Box 32, Tioga Center NY 13845
Phone: 607-687-9577 Fax: 607-687-6422 -
Waverly Justice Court
Address: 32 Ithaca Street, Waverly NY 14892
Phone: 607-565-4771 Fax: 607-565-3539