Yates County Criminal Court hears all criminal cases in Yates County. Below you will find specific information about criminal cases and how they are handled in Yates County.
Jury Deliberation
In a jury trial in Yates 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.
Yates County Criminal Court locations
Criminal proceedings take place in the Yates County Criminal Courts. A list of the criminal courts are located here.
Yates County Criminal Court
Where can I get help for my Yates 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 Yates 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.
What happens in Yates County at an arraignment?
In Yates 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.
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.
Can I request a Plea Agreement?
In Yates 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.
Who is the prosecutor for Yates County?
Depending upon the case, the prosecutor for Yates County criminal cases will either be a representative of Yates 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.
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.
Yates County Required Court Appearances
In Yates 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.
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.
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.
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.
Yates County Criminal Court Locations
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Yates County Surrogate’s Court
Address: 415 Liberty Street, Penn Yan NY 14527
Phone: 315-536-5130 Fax: 315-536-5190 -
Yates County Court
Address: 415 Liberty Street, Penn Yan NY 14527
Phone: 315-536-5126 Fax: 315-536-5190 -
Barrington Town Court
Address: 4424 Bath Road, Penn Yan NY 14527
Phone: 607-243-8959 -
Benton Town Court
Address: Town Hall, 1000 Route 14a, Penn Yan NY 14527
Phone: 315-536-2320 Fax: 315-536-7715 -
Dundee Village Court
Address: 12 Union Street, Dundee NY 14837
Phone: 607-243-5551 Fax: 607-243-5152 -
Italy Town Court
Address: 6060 Italy Valley Road, Naples NY 14512
Phone: 585-374-6194 Fax: 585-374-5301 -
Jerusalem Town Court
Address: 3816 Italy Hill Road, Branchport NY 14418
Phone: 315-595-6102 Fax: 315-595-2707 -
Middlesex Town Court
Address: 1216 Main Street, PO Box 147, Middlesex NY 14507
Phone: 585-554-3607 Fax: 585-554-4615 -
Milo Town Court
Address: 137 Main Street, Penn Yan NY 14527
Phone: 315-531-8816 Fax: 315-536-9760 -
Penn Yan Village Court
Address: 127 Main Street, Penn Yan NY 14527
Phone: 315-536-7243 Fax: 315-279-6549 -
Potter Town Court
Address: 1226 Phelps Road, Middlesex NY 14507
Phone: 585-554-6758 Fax: 585-554-6165 -
Starkey Town Court
Address: 40 Seneca Street, Dundee NY 14837
Phone: 607-243-5344 Fax: 607-243-5742 -
Torrey Town Court
Address: 56 Geneva Street, PO Box 74, Dresden NY 14441
Phone: 315-536-5655 Fax: 315-536-5655