Westchester County Criminal Court

Westchester County Criminal Court hears all criminal cases in Westchester County. Below you will find specific information about criminal cases and how they are handled in Westchester County.

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.

Jury Deliberation

In a jury trial in Westchester 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.

Westchester County Criminal Court

Westchester County Criminal Court

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.

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.

Westchester County Arraignments

An arraignment is a court hearing. In Westchester County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Westchester 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 Westchester 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.

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.

Westchester County Prosecutor

For criminal cases in Westchester County, the prosecutor will be a representative of Westchester County. The Westchester 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.

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.

Westchester County Criminal Court locations

Criminal proceedings take place in the Westchester County Criminal Courts. A list of the criminal courts are located here.

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 Westchester 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.

Who can help me in Westchester County?

For general information about your case the Westchester 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.

Westchester County Required Court Appearances

In Westchester 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.

Westchester County Criminal Court Locations

  • Westchester County Surrogate’s Court

    Address: 111 Dr Martin Luther King Jr Blvd, White Plains NY 10601
    Phone: 914-824-5656 Fax: 914-995-3728

  • Westchester County Court

    Address: 111 Dr Martin Luther King Jr Blvd, White Plains NY 10601
    Phone: 914-824-5400 (Criminal) Fax: 914-995-4323

  • Mount Vernon City Court

    Address: 2 Roosevelt Square North, Mount Vernon NY 10550
    Phone: 914-831-6440 Fax: 914-699-1230

  • New Rochelle City Court

    Address: 475 North Avenue, New Rochelle NY 10801
    Phone: 914-358-8000 Fax: 914-654-0344

  • Peekskill City Court

    Address: 2 Nelson Avenue, Peekskill NY 10566
    Phone: 914-831-6480 Fax: 914-736-1889

  • Rye City Court

    Address: 21 McCullough Place, Rye NY 10580
    Phone: 914-831-6400 Fax: 914-967-4354

  • White Plains City Court

    Address: 77 South Lexington Avenue, White Plains NY 10601
    Phone: 914-824-5675 Fax: 914-422-6058

  • Yonkers City Court

    Address: 100 South Broadway, R.W. Cacace Justice Center, Yonkers NY 10701
    Phone: 914-831-6450 Fax: 914-377-6395

  • Ardsley Village Court

    Address: 507 Ashford Avenue, Ardsley NY 10502
    Phone: 914-693-1703

  • Bedford Town Court

    Address: 321 Bedford Road, Bedford Hills NY 10507
    Phone: 914-666-6965 Fax: 914-666-2490

  • Briarcliff Manor Justice Court

    Address: 1111 Pleasantville Road, Briarcliff Manor NY 10510
    Phone: 914-944-2788 Fax: 914-944-4007

  • Bronxville Justice Court

    Address: 200 Pondfield Road, Bronxville NY 10708
    Phone: 914-337-2454 Ext. 118 Fax: 914-337-6751

  • Buchanan Village Court

    Address: 236 Tate Avenue, Buchanan NY 10511
    Phone: 914-737-1033

  • Cortlandt Justice Court

    Address: 1 Heady Street, Cortlandt Manor NY 10566
    Phone: 914-734-1090 Fax: 914-734-1089

  • Croton-on-Hudson Village Court

    Address: 1 Van Wyck Street, Croton-on-Hudson NY 10520
    Phone: 914-271-6266 Fax: 914-271-2021

  • Dobbs Ferry Village Justice Court

    Address: 112 Main Street, Dobbs Ferry NY 10522
    Phone: 914-693-6161

  • Eastchester Town Court

    Address: 40 Mill Road, Eastchester NY 10709
    Phone: 914-771-3354

  • Elmsford Village Court

    Address: 15 South Stone Avenue, Elmsford NY 10523
    Phone: 914-592-8949 Fax: 914-347-4726

  • Greenburgh Justice Court

    Address: 188 Tarrytown Road, White Plains NY 10607
    Phone: 914-682-5365 Fax: 914-682-5378

  • Harrison Town Court

    Address: Municipal Building, 1 Heineman Place, Harrison NY 10528
    Phone: 914-670-3010 Fax: 914-835-1262

  • Hastings-on-Hudson Village Justice Court

    Address: Municipal Building, 7 Maple Avenue, Hastings-on-Hudson NY 10706
    Phone: 914-478-3403 Fax: 914-478-4165

  • Irvington Justice Court

    Address: 85 Main Street, Irvington NY 10533
    Phone: 914-591-7095 Fax: 914-591-5736

  • Larchmont Justice Court

    Address: Village Hall, 120 Larchmont Avenue, Larchmont NY 10538
    Phone: 914-834-6230 Ext. 8 Fax: 914-833-2170

  • Lewisboro Justice Court

  • Mamaroneck Town Court

    Address: Town Center, 740 West Boston Post Road, Mamaroneck NY 10543
    Phone: 914-381-7875 Fax: 914-381-7896

  • Mamaroneck Village Court

    Address: Village Hall, 169 Mt Pleasant Avenue, Mamaroneck NY 10543
    Phone: 914-777-7710 Fax: 914-777-7758

  • Mount Kisco Justice Court

    Address: 40 Green Street, Mount Kisco NY 10549
    Phone: 914-241-7033 Fax: 914-241-3016

  • Mount Pleasant Justice Court

    Address: 1 Town Hall Plaza, Valhalla NY 10595
    Phone: 914-742-2324 Fax: 914-769-3523

  • New Castle Justice Court

    Address: 200 South Greeley Avenue, Chappaqua NY 10514
    Phone: 914-238-4726

  • North Castle Justice Court

    Address: 15 Bedford Road, Armonk NY 10504
    Phone: 914-273-8627 Fax: 914-273-5109

  • North Salem Town Court

    Address: 274 Titicus Road, North Salem NY 10560
    Phone: 914-669-9691 Fax: 914-669-8740

  • Ossining Town Justice Court

    Address: 86 Spring Street, Ossining NY 10562
    Phone: 914-762-8562 Fax: 914-762-8304

  • Pelham Town Court

    Address: 20 Fifth Avenue, Pelham NY 10803
    Phone: 914-738-7030 or 914-738-2205

  • Pleasantville Justice Court

    Address: 80 Wheeler Avenue, Pleasantville NY 10570
    Phone: 914-769-2027 Fax: 914-769-2412

  • Port Chester Justice Court

    Address: 350 North Main Street, Port Chester NY 10573
    Phone: 914-939-8220 Fax: 914-939-3479

  • Pound Ridge Justice Court

    Address: 179 Westchester Avenue, Pound Ridge NY 10576
    Phone: 914-764-3983 Fax: 914-764-3990

  • Rye Justice Court

    Address: 10 Pearl Street, Port Chester NY 10573
    Phone: 914-939-3305 Fax: 914-922-7170

  • Scarsdale Village Court

    Address: 1001 Post Road, Scarsdale NY 10583
    Phone: 914-722-1120 Fax: 914-722-1122

  • Sleepy Hollow Justice Court

    Address: 28 Beekman Avenue, Sleepy Hollow NY 10591
    Phone: 914-631-2783 Fax: 914-631-2438

  • Somers Justice Court

    Address: Town House, 335 Route 202, Somers NY 10589
    Phone: 914-277-8225 Fax: 914-277-3771

  • Tarrytown Village Justice Court

    Address: One Depot Plaza, Tarrytown NY 10591
    Phone: 914-631-5215 Fax: 914-631-1345

  • Tuckahoe Village Court

    Address: 65 Main Street, Tuckahoe NY 10707
    Phone: 914-961-4787

  • Yorktown Town Court

    Address: 2295 Crompond Road, Yorktown Heights NY 10598
    Phone: 914-962-6216 Fax: 914-245-6286

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.