Allegany County Jail Criminal Court Process

Local courts in Allegany County (city, town and village courts)

Each of Allegany's 29 towns has a justice court, and several villages have their own. Most meet once or twice a month, often in the evening at the town hall, and a few towns share a building or a clerk. Because many courts use post office boxes for mail, call ahead before driving to an address that is only a box number.

City Courts

There are no cities in Allegany County, so there is no City Court.

Town Courts

• Town of Alfred Court — 7 West University Street, Alfred, NY 14802, (607) 587-8524
• Town of Allen Court — 4867 Klein Road, Fillmore, NY 14735, (585) 567-8320
• Town of Alma Court — P.O. Box 67, Allentown, NY 14707, (585) 593-4021
• Town of Almond Court — Municipal Building, Marvin Lane, Almond, NY 14804, (607) 276-6665
• Town of Amity Court — 1 Schuyler Street, Belmont, NY 14813, (585) 268-5010
• Town of Andover Court — 22 East Greenwood Street, Andover, NY 14806, (607) 478-8446
• Town of Angelica Court — 49 Park Circle, Angelica, NY 14709, (585) 466-7928
• Town of Belfast Court — 9 Merton Avenue, Belfast, NY 14711, (585) 365-9903
• Town of Birdsall Court — 9423 County Road 15B, Canaseraga, NY 14822, (607) 545-6072
• Town of Bolivar Court — 252 Main Street, Bolivar, NY 14715, (585) 928-1023
• Town of Burns Court — 87 Main Street, Canaseraga, NY 14822, (607) 545-8998
• Town of Caneadea Court — P.O. Box 596, Caneadea, NY 14717, (585) 365-8240
• Town of Centerville Court — P.O. Box 71, Centerville, NY 14029, (585) 567-8424
• Town of Clarksville Court — 2980 School Street, Clarksville, NY 14786, (585) 968-3031
• Town of Cuba Court — 15 Water Street, Cuba, NY 14727, (585) 968-1690
• Town of Friendship Court — 50 West Main Street, Friendship, NY 14739, (585) 973-7566
• Town of Genesee Court — P.O. Box 40, Little Genesee, NY 14754, (585) 928-2914
• Town of Granger Court — P.O. Box 132, Fillmore, NY 14735, (585) 567-8155
• Town of Grove Court — Town Hall, Canaseraga, NY 14822, (607) 545-8998
• Town of Hume Court — P.O. Box 302, Fillmore, NY 14735, (585) 567-4753
• Town of Independence Court — 38 Marietta Avenue, Whitesville, NY 14897, (607) 356-3608
• Town of New Hudson Court — P.O. Box 4, Black Creek, NY 14714, (585) 968-2179
• Town of Rushford Court — 8999 Main Street, Rushford, NY 14777, (585) 437-2206
• Town of Scio Court — 4355 Vandermark Road, Scio, NY 14880, (585) 593-9072
• Town of Ward Court — 4414 County Road 10, Scio, NY 14880, (585) 268-7399
• Town of Wellsville Court — 46 South Main Street, Wellsville, NY 14895, (585) 593-1750
• Town of West Almond Court — 2701 Karr Valley Road, West Almond, NY 14804, (607) 276-2629
• Town of Willing Court — 1431 State Route 19 South, Wellsville, NY 14895, (585) 593-3210
• Town of Wirt Court — Town Hall, Main Street, Richburg, NY 14774, (585) 928-2130

Village Courts

• Village of Alfred Court — 7 West University Street, Alfred, NY 14802, (607) 587-9142
• Village of Andover Court — 4 Main Street, Andover, NY 14806, (607) 478-8446
• Village of Angelica Court — 49 Park Circle, Angelica, NY 14709, (585) 466-7926
• Village of Belmont Court — 1 Schuyler Street, Belmont, NY 14813, (585) 268-5305
• Village of Bolivar Court — 252 Main Street, Bolivar, NY 14715, (585) 928-1023
• Village of Wellsville Court — 46 South Main Street, Wellsville, NY 14895, (585) 593-5609

Offenses inside villages without their own court, including Cuba, Canaseraga and Richburg, are heard by the town court that surrounds them. In Alfred, Wellsville, Angelica, Andover and Bolivar the town and village courts are separate courts even where they share a building, so check which one your ticket names.

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Misdemeanor (for example, petit larceny, a first DWI, third-degree assault, criminal trespass)

Most Allegany County misdemeanor arrests end with the person released at the station on a desk appearance ticket that lists a date in the town or village court. Officers are more likely to hold someone for arraignment after a DWI with a high reading, a domestic incident or an arrest on a warrant.

What to expect at the first court date

1. The justice reads the accusatory instrument and explains the right to counsel; a defense lawyer must be available for anyone arraigned in custody.
2. The court decides release. For nearly all misdemeanors, the bail law requires release on recognizance or with non-monetary conditions, such as supervision by Allegany County Probation. Bail may be set only for qualifying offenses, a list that includes many domestic-violence misdemeanors. Any bail must be set with the defendant's finances in mind and in at least two forms.
3. The defendant enters a not-guilty plea, and the case is adjourned so the prosecutor can make an offer and turn over discovery.

The penalty ladder

• Violation: up to 15 days in jail; it is not a crime and does not create a criminal record.
• Class B misdemeanor: up to three months and $500. Third-degree criminal trespass falls here.
• Class A misdemeanor: a jail term as long as 364 days plus a fine of up to $1,000. This covers petit larceny (property worth $1,000 or less), third-degree assault and second-degree criminal trespass.
• First DWI (Vehicle and Traffic Law 1192): up to a year in jail, a fine of $500 to $1,000, a license revocation of six months or longer, the Drinking Driver Program, and an ignition interlock for at least 12 months. A reading of .18 or more makes it Aggravated DWI, with a $1,000 to $2,500 fine and a minimum one-year revocation. Impaired driving (DWAI) is a traffic infraction, while a DWI with a passenger aged 15 or younger is a felony under Leandra's Law.

Lawyer and outcome

The Allegany County Public Defender, (585) 268-9246, represents eligible defendants in the justice courts, and the Assigned Counsel Plan supplies a lawyer when the office has a conflict. The prosecution must be ready within 90 days for a Class A misdemeanor and 60 days for a Class B. Typical results include an ACD, a reduction to a violation, a conditional discharge, a fine or probation. Allegany justice courts often calendar criminal matters only a few times a month, so a case commonly takes two to six months.

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Felony (for example, burglary, grand larceny, drug sale, second-degree assault)

An Allegany County felony begins in a justice court such as Wellsville or Cuba and finishes in Belmont. The local court's role is limited to arraignment, release decisions and, if requested, a preliminary hearing.

Before indictment

For nonviolent felonies, the judge usually has to release the defendant on recognizance or conditions; bail or remand becomes available for qualifying offenses such as violent felonies, certain drug and weapons felonies, and new felonies by someone already charged with one. If the defendant is jailed, CPL 180.80 requires a grand jury vote or a preliminary hearing within 120 hours, or 144 hours over a weekend or holiday, or the person must be released.

In County Court

The Allegany County grand jury meets in Belmont. If it votes an indictment, the defendant is arraigned in County Court and enters a plea. Many cases are resolved earlier when the defendant waives indictment and pleads to a superior court information. From there, CPL Article 245 discovery, motions and suppression hearings follow, and the People have six months, minus excludable time, to be ready for trial before a 12-member jury that must be unanimous.

How serious the sentences can be

For a first-time felony offender, Class E felonies carry up to 4 years, Class D up to 7, Class C up to 15 and Class B up to 25, and probation or local jail is often available for nonviolent cases.

• Grand larceny: fourth degree (over $1,000) is Class E; third degree (over $3,000) is Class D; second degree (over $50,000) is Class C; first degree (over $1 million) is Class B.
• Burglary: third-degree burglary of a commercial building or barn is a Class D nonviolent felony, while burglary of a dwelling is charged in the second or first degree as a violent felony.
• Drug sale: third-degree criminal sale of a controlled substance is Class B, with the sentencing flexibility of the 2009 reforms and possible judicial diversion to treatment under CPL Article 216.
• Second-degree assault: a Class D violent felony, 2 to 7 years determinate for a first offense.

Earlier felony convictions trigger predicate-felon sentencing with higher mandatory minimums, and determinate prison terms come with post-release supervision. A felony in Allegany County usually takes six months to a year and a half. Call the Public Defender at (585) 268-9246 about representation.

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Violent felony (for example, murder, rape, robbery)

Serious violent crime is uncommon in Allegany County, and when it happens the District Attorney usually works the case alongside State Police investigators from the first hours. The charges are arraigned locally but tried in Allegany County Court.

Custody

Because almost every violent felony is a qualifying offense, the arraigning justice may set bail or order the defendant held. Only a County Court or Supreme Court judge may fix bail on a Class A felony such as murder, so a defendant charged with homicide remains in the Belmont jail until that hearing. Orders of protection for alleged victims are routine.

Sentencing exposure

• First-degree murder: 20 to 25 years to life, or life without parole.
• Second-degree murder: an indeterminate term with a minimum of 15 to 25 years and a maximum of life, and in limited circumstances life without parole.
• First-degree rape: Class B violent felony, 5 to 25 years, followed by post-release supervision and sex offender registration.
• Robbery: first degree (Class B violent), 5 to 25 years; second degree (Class C violent), 3½ to 15 years; third degree is a nonviolent Class D felony.

The state abolished capital punishment in practice two decades ago, so no Allegany case can carry a death sentence. Good-time credit is capped for violent felonies, meaning at least six-sevenths of a determinate term is served.

Victims, time and counsel

Victims are entitled to be notified of proceedings and releases, to give a statement at sentencing and to seek help from the state Office of Victim Services. Forensic work at state laboratories and lengthy pretrial hearings often stretch these cases to a year or two. The Public Defender, (585) 268-9246, handles eligible defendants, and the Assigned Counsel Plan, (585) 593-1090, provides conflict counsel.

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Juveniles (under 18) arrested in Allegany County

New York's Raise the Age law moved most cases involving 16- and 17-year-olds out of adult criminal court in 2018 and 2019. In Allegany County a youth's case is now routed as follows:

• Ages 12 to 15: a juvenile delinquency matter in Allegany County Family Court, 7 Court Street, Belmont, (585) 268-5815. Allegany County Probation conducts intake and can adjust the case informally. If a petition is filed, the County Attorney presents it and a Family Court judge decides it.
• Ages 13 to 15 charged with certain serious violent felonies (juvenile offenders), and ages 16 and 17 charged with any felony (adolescent offenders): the Youth Part of Allegany County Court. Most adolescent-offender cases charging nonviolent felonies are removed to Family Court unless the District Attorney establishes extraordinary circumstances; certain violent felony cases can be removed too.
• Ages 16 and 17 charged with misdemeanors: Family Court, as delinquency cases. Most traffic matters stay in the justice court.

If a youth is held

No one under 18 is detained at the Allegany County Jail. When a judge orders detention, the youth goes to a facility certified by the state Office of Children and Family Services: non-secure detention for lower-risk youth, secure detention for others, and specialized secure detention for adolescent offenders. Allegany County has no detention center of its own and contracts for beds, which are typically in other Western New York counties.

Family Court records and Youth Part proceedings are confidential, and a delinquency finding is not a criminal conviction. The Public Defender's office, (585) 268-9246, can help families figure out who represents the child in each kind of case.

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Federal cases (U.S. District Court) from Allegany County

Allegany is one of the seventeen counties of the Western District of New York, and under that court's criminal rules its cases are normally handled in Buffalo, at the Robert H. Jackson United States Courthouse, 2 Niagara Square, Buffalo, NY 14202. From Belmont that is roughly a two-hour drive.

Who handles a federal case

• Prosecutor: the U.S. Attorney for the Western District, whose main office is at 138 Delaware Avenue in Buffalo, (716) 843-5700
• Defense for those who cannot pay: Federal Public Defender, Western District, 300 Pearl Street, Suite 200, Buffalo, NY 14202, (716) 551-3341, or a private lawyer appointed from the Criminal Justice Act panel
• Custody and transport: U.S. Marshals Service, Jackson Courthouse, Buffalo, (716) 348-5300

When a case is federal. Federal charges come from federal statutes: methamphetamine or fentanyl distribution investigated with the DEA or a task force, firearms possessed by people with felony convictions or by drug users, internet child-exploitation offenses, fraud against banks or federal programs such as Social Security or SNAP, and threats sent across state lines. Some investigations start as State Police cases and are later adopted by federal prosecutors.

The court process. After arrest, the defendant goes before a U.S. magistrate judge for an initial appearance. Prosecutors seeking detention get a hearing, usually within three court days, under the Bail Reform Act, which allows release on conditions monitored by U.S. Pretrial Services or detention if no conditions are adequate. A complaint must be replaced by a grand jury indictment within 30 days, and the Speedy Trial Act targets trial within 70 days, though extensions are routine. Most cases close with a guilty plea; trials use a unanimous 12-person jury. The judge considers a presentence report and the advisory Sentencing Guidelines but cannot go below a mandatory minimum. With no federal parole, prisoners serve about 85 percent of their term in the Bureau of Prisons, then supervised release.

Custody and appeals. Federal pretrial detainees in this district are held in jails under contract with the Marshals, which have included the Niagara County Jail and the Livingston County Jail, so a defendant may be housed far from Allegany County. Any appeal is heard by the Second Circuit Court of Appeals, which sits in Manhattan. Juveniles almost never face charges in federal court.

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