Criminal Court
81 Main Street Public Safety Building
Oneonta, NY 13820
Phone: 607-376-5380
Fax: 646-963-6433
All visitors must pass through a magnetometer upon entering the courthouse.
Links
Criminal Court Proceedings
The following is a general overview of proceedings in a local criminal court and is not to be used as a legal reference in any proceeding before any court. It is recommended that if an individual is charged with a crime that he/she should seek advice from an attorney.
The City Court can try cases involving misdemeanors or violations of the State Penal Law or violations of Local Ordinances. The City Court also hears preliminary matters in felony cases before they are transferred to the County Court.
Different procedures exist for bringing criminal charges against an individual. Misdemeanor charges can be filed in the City Court upon an Accusatory Instrument or Complaint filed by the local police agencies or upon the filing of a Prosecutor's Information by the District Attorney or the City Prosecutor's Office.
When an Accusatory Instrument or Prosecutor's Information is filed with the Court, an Arrest Warrant may be issued for the defendant or the defendant may be served with a criminal summons to appear, unless a police agency issued an appearance ticket for the defendant to appear before the Court on a specific date and time. If the defendant fails to appear as directed in the appearance ticket or the summons, the Court may issue a warrant for the defendant's arrest.
At arraignment, the defendant is formally advised of the charges pending before the Court and the Court further advises the defendant of his/her rights (the right to an attorney, the right to a trial, etc.) and gives the defendant the opportunity to plead guilty or not guilty. If the defendant cannot afford an attorney, the Court will direct the defendant to the Public Defenders Officer or file an Application for Assigned Counsel with the Assigned Counsel Office, depending on the jurisdiction. If the Assigned Counsel Office or Public Defender determines that the defendant meets the financial guidelines, an attorney is assigned to represent him/her. Otherwise, the defendant must either retain his/her own attorney or proceed without an attorney (pro se).
If the defendant is in custody of the Sheriff, the court may either release the defendant in his/her own recognJanuary 31, 2013l on behalf of the defendant and if the defendant fails to appear for future court appearances, the bail monies posted may be forfeited.
If an individual is charged with a felony and the charge is filed in the City Court, the defendant is entitled to request a preliminary hearing. At the hearing, the Court will determine if there is reasonable cause to believe that the accused committed a felony. As is true in all hearings, the defendant has the right to be present and the right to be represented by an attorney at a preliminary hearing. The defendant may also , if he or she chooses, present evidence and testimony. If the court determines that the felony charge is substantiated, the matter is held over for action of a Grand Jury. If the prosecution does not present evidence that the defendant committed any offense, the court must release the defendant from custody. If the hearing shows that the defendant committed an offense other than the felony charged, the court may reduce the charge.
If, at arraignment, the defendant pleads guilty to a misdemeanor or violation, the court will either sentence the defendant immediately or schedule a sentencing date and order the preparation of a Pre-Sentence Investigation by the County Probation Department depending on the seriousness of the crime. The Pre-Sentence Investigation (P.S.I.) is a report that provides the Court with background information concerning the defendant including any prior criminal record.
If, on the other hand, the defendant pleads not guilty, a pretrial conference and a trial are scheduled. In advance of the trial, the defendant may, through his attorney or on his own if acting pro se, make written motions challenging items, for example the sufficiency of the accusatory instrument or the validity of seizure of evidence or the voluntariness of a confession made by the defendant. These motions may result in the Court holding hearings to determine if the defense contentions are correct and must be filed within 45 days of the defendant's arraignment.
In the case of misdemeanor cases, a jury trial is scheduled unless the defendant specifically waives his/her right to a jury trial, in writing, and requests a bench trial or non-jury trial. In a non-jury trial, the Judge hears all of the evidence and makes the decision if the defendant is guilty or not guilty. In a jury trial, six citizens hear the evidence and the instructions of the Court and decide if the defendant is guilty or not guilty.
In violation cases, the defendant is not entitled to a jury trial. If a trial is necessary, all violation cases are heard by the Judge.
At the trial (jury or non-jury), the prosecutor must establish the defendant's guilt beyond a reasonable doubt. The prosecutor must produce witnesses and may produce physical evidence to try and prove the case. The defendant is not required to offer any proof as the defendant is presumed innocent until proven guilty. However, the defendant is entitled to call witnesses and offer evidence in his/her defense if he/she chooses.
After all the testimony has been heard and all the evidence presented and the Jury has been instructed on the applicable law by the Judge, the Jury retires to the jury room to deliberate.
If the defendant is found not guilty, then he/she is released (unless he/she has other charges pending). If found guilty, sentencing may take place immediately or the case may be adjourned and a sentencing date set.
In New York State, the Court generally has discretion in the sentence it will impose and is not bound by any agreement between the prosecutor and the defense attorney. In City Courts, the maximum sentence the defendant can receive for a Class A Misdemeanor is one (1) year in the County Jail. The Court has other sentencing and sanction options available to it including: Probation, Conditional Discharge, Fines, Community Service, Driver's License Suspension to name a few.
Payments
Bail
The purpose of bail is to ensure that the defendant appears in Court for scheduled Court appearances.
In most instances, the bail will not be returned until the case is complete.
Failure to appear for a scheduled Court date may result in forfeiture of the bail posted and the issuance of a warrant.
Bail can only be returned to the individual who posted the bail. Bail can be assigned to another person or an attorney, please contact the Court for additional information.
On certain occasions, the Judge can order the bail (if posted by the defendant) be applied to pay outstanding fines and surcharges. If this happens you will receive a copy of the Court Order and a notice directing you to pay any balance due after applying the bail.
Please note that in almost all instances, a 3% poundage fee is required to be deducted from the total bail posted with the Court.
To pick up exonerated (released) bail, you will need to appear in person and bring identification. You will also need your bail affidavit. If you have lost your affidavit, you will need to sign a document at the Court stating you have lost the affidavit.
Postponement/Adjournments
If you need an adjournment, please request the adjournment before your scheduled court date.
If you are unable to appear for a scheduled Court date and you are represented by an attorney, please contact your attorney and they will contact the Court.
If you are not represented, please contact the Court and request an adjournment. Be prepared to state the reason why you are requesting an adjournment and to provide the Court with a current mailing address.
Usually an adjournment can be granted, however DWI's and Felonies cannot be adjourned.
Plea by Mail
May I enter a plea in writing?
In some instances, the Court may allow a defendant to enter a plea of guilty in writing.
Requests must be submitted in writing and state the reason you are requesting permission to plead guilty in writing. Your request must include a current mailing address and be received prior to your scheduled Court date.
The Court will review your request and notify you in writing if your request is granted or denied.
If it is denied, you will be required to appear in Court.
As a general rule, the Court does not accept written guilty pleas to Misdemeanors and certain violation level offenses.
Please refer to the traffic section for information regarding pleas by mail on tickets.
Community Service
City Court Community Service Sentence (8/2006)
As part of your sentence, you are REQUIRED to complete Community Service. It is your responsibility to contact the Community Service Program listed below to make arrangements to perform your hours.
YOU WILL NOT RECEIVE ANY REMINDERS REGARDING THIS OBLIGATION.
FAILURE TO CONTACT THE AGENCY OR COMPLETE YOUR COMMUNITY SERVICE WILL RESULT IN A VIOLATION OF YOUR SENTENCE. IF THIS HAPPENS, A WARRANT MAY BE ISSUED FOR YOUR ARREST AND YOU MAY BE RE-SENTENCED TO JAIL!!
If you have any questions regarding this sentence, please contact the Court.
Alternatives to Incarceration
Otsego County Community Service Program
IT IS YOUR RESPONSIBILITY TO CONTACT THE COMMUNITY SERVICE PROGRAM TO SCHEDULE YOUR COMMUNITY SERVICE. CONTACT SHOULD BE MADE WITHIN TWO DAYS OF SENTENCING.
You may be responsible for payment of a $50.00 fee. The fee applies to the following: sentences on violations; transfers and/or re-sentenced participants. The fee may be paid in cash, certified check or money order*. Payment is due at the time you schedule your Community Service.
FAILURE TO PAY THE FEE MAY RESULT IN REFERRAL BACK TO THE COURT.
Contact:
Community Service Program
189 Main Street, 5th Floor
Oneonta, NY 13820
607-433-3650*
Note: if you leave a message, it is YOUR responsibility to follow-up with the Community Service Program if you do not receive a call back.
*Certified Check or Money Order must be made payable to ATI Program.
When is an Attorney Needed?
An attorney is required in the Oneonta City Court, by court rule, under the following circumstances:
- The defendant is charged with a misdemeanor offense
- The defendant is charged with a violation grade offense which involves allegations of violence
Once a defendant has retained an attorney, a Notice of Appearance is required to be filed by the attorney with the Court. Without a Notice of Appearance, the Court will not notify any attorney of future court proceedings or paperwork.
Following plea negotiations between the attorney and the prosecutor, either the attorney or the defendant is required to appear in court for placing the plea on the record. If the attorney appears without the defendant, the attorney is required to provide a written plea waiver and agreement at the court proceeding signed and notarized by the defendant. If the defendant appears without the attorney, the defendant is required to provide an affidavit signed by the attorney which agrees to the agreed plea and disposition.