Wyoming County Criminal Court handles all criminal cases that are filed in Wyoming County. See below for more information about criminal cases in Wyoming County.
Where can I get help for my Wyoming 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 Wyoming 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.
Wyoming County Criminal Court
Can I request a Plea Agreement?
In Wyoming 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.
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.
Jury Deliberations in Wyoming County
In Wyoming 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.
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.
Wyoming County Prosecutor
For criminal cases in Wyoming County, the prosecutor will be a representative of Wyoming County. The Wyoming 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 happens in Wyoming County at an arraignment?
In Wyoming 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 will Wyoming County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Wyoming County. See here for the location of the criminal courts in Wyoming County.
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.
Mandatory Appearances in Wyoming County Criminal Court
At a mandatory or required court appearance in Wyoming 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.
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.
Wyoming County Criminal Court Locations
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Wyoming County Surrogate’s Court
Address: 147 North Main Street, Warsaw NY 14569
Phone: 585-786-3148 Fax: 585-786-3800 -
Wyoming County Court
Address: 147 North Main Street, Warsaw NY 14569
Phone: 585-786-3148 Fax: 585-786-2818 -
Arcade Town Court
Address: 17 Church Street, Arcade NY 14009
Phone: 585-492-4479 -
Arcade Village Justice Court
Address: 17 Church Street, Arcade NY 14009
Phone: 585-492-4479 Fax: 585-492-3052 -
Attica Town Court
Address: 9 Water Street, Attica NY 14011
Phone: 585-591-4613 Fax: 585-708-5066 -
Attica Village Court
Address: 9 Water Street, PO Box 163, Attica NY 14011
Phone: 585-591-2957 Fax: 585-708-4457 -
Bennington Town Court
Address: 905 Alleghany Road, Attica NY 14011
Phone: 716-652-5585 -
Castile Town Court
Address: 53 North Main Street, PO Box 179, Castile NY 14427
Phone: 585-493-5875 -
Covington Town Court
Address: 7845 Kendall Road, Pavilion NY 14525
Phone: 585-356-3344 -
Eagle Justice Court
Address: 3560 East Main Street, Bliss NY 14024
Phone: 585-322-7547 -
Gainesville Town Court
Address: 43 North Main Street, PO Box 351, Silver Springs NY 14550
Phone: 585-493-3395 -
Genesee Falls Town Court
Address: 6635 Church Street, Portageville NY 14536
Phone: 585-468-5015 -
Java Town Court
Address: PO Box 46, Java Center NY 14082
Phone: 585-457-3233 -
Middlebury Town Court
Address: 51 Sherman Avenue, PO Box 274, Wyoming NY 14591
Phone: 585-495-6040 -
Orangeville Town Court
Address: 3529 Route 20A, Warsaw NY 14569
Phone: 585-786-2883 -
Perry Town Court
Address: 46 North Main Street, Perry NY 14530
Phone: 585-237-2149 -
Perry Village Court
Address: 46 North Main Street, Perry NY 14530
Phone: 585-237-2149 Fax: 585-237-3491 -
Pike Town Court
Address: Court Clerk: 30 Main Street, PO Box 204, Pike NY 14130
Phone: 585-493-5140 (Town Hall) or 585-493-3045 (Court Clerk) -
Sheldon Town Court
Address: 1380 Centerline Road, Strykersville NY 14145
Phone: 585-535-0468 Fax: 585-535-0115 -
Silver Springs Village Court
Address: 43 North Main Street, PO Box 317, Silver Springs NY 14550
Phone: 585-493-2999 -
Warsaw Town Court
Address: 27 North Main Street, Warsaw NY 14569
Phone: 585-786-3361 -
Warsaw Village Court
Address: 15 South Main Street, PO Box 49, Warsaw NY 14569
Phone: 585-786-3361 Fax: 585-786-5860 -
Wethersfield Town Court
Address: 4362 Route 78, Gainesville NY 14066
Phone: 585-322-9160