Chemung County Jail Criminal Court Process

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Criminal Court Process for Chemung County New York

Chemung County sits on the Pennsylvania border in New York's Southern Tier, with the City of Elmira as its county seat. Elmira City Court and a set of town and village justice courts handle arrests, violations and misdemeanors, and felonies that are indicted are decided in Chemung County Court in downtown Elmira. The elected Chemung County District Attorney prosecutes all criminal cases. Adults who are held after arraignment go to the county jail run by the Sheriff on William Street in Elmira.

  • Chemung County Court and Supreme Court (Sixth Judicial District), Hazlett Building, 203–205 Lake Street, Elmira, NY 14901, (607) 873-9446
  • Elmira City Court, City Hall, 317 East Church Street, Elmira, NY 14901, (607) 873-9520
  • Chemung County District Attorney, 150 Lake Street, 2nd Floor, Elmira, NY 14901, (607) 737-2944
  • Chemung County Public Defender, 163 Lake Street, Elmira, NY 14901 (mail: P.O. Box 588, Elmira, NY 14902), (607) 737-2969
  • Chemung County Sheriff's Office and Jail, 203 William Street, Elmira, NY 14901, (607) 737-2987
  • Town of Elmira Court, 1255 West Water Street, Elmira, NY 14905, (607) 734-5971

Which court hears your case. An offense inside the City of Elmira is a case for Elmira City Court. Outside the city, the local criminal court is the Town Court for the town where it happened, such as Big Flats, Horseheads or Southport, or a Village Court such as the one in Elmira Heights. Those courts decide violations, misdemeanors and DWI charges. Felony charges are arraigned there as well (arrests outside business hours may be arraigned at an off-hours session), and they are transferred to Chemung County Court after a grand jury indictment or after the defendant waives indictment and consents to a superior court information. Sixteen- and seventeen-year-olds accused of felonies start in the County Court's Youth Part, discussed in the juvenile section.

Where pretrial detainees are held. Elmira police, the Sheriff's Office, State Police and village departments such as Horseheads and Elmira Heights book their arrestees first. Adults who are not released at arraignment are committed to the Chemung County Jail, operated by the Sheriff in the county's justice complex on William Street in downtown Elmira, a few blocks from the courts. It holds people awaiting trial and those serving local sentences. It is separate from Elmira Correctional Facility, the state prison on the city's north side. Call the Sheriff's Office at (607) 737-2987 for custody and visiting information.

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

Elmira City Court is open every weekday. Chemung County's eleven towns each have a justice court, and a few villages keep their own; these part-time courts meet on scheduled days, so look at the date on your ticket and call the clerk if you need to confirm it.

City Courts

  • Elmira City Court — City Hall, 317 East Church Street, Elmira, NY 14901, (607) 873-9520

Town Courts

  • Town of Ashland Court — 3663 Sixth Street, Wellsburg, NY 14894, (607) 438-0593
  • Town of Baldwin Court — 622 Breesport-North Chemung Road, Lowman, NY 14861, (607) 732-0723
  • Town of Big Flats Court — 476 Maple Street, Big Flats, NY 14814, (607) 562-8443, ext. 233
  • Town of Catlin Court — 1448 Chambers Road, Beaver Dams, NY 14812, (607) 739-5598, ext. 4
  • Town of Chemung Court — 48 Rotary Road Extension, Chemung, NY 14825, (607) 529-3532, ext. 1
  • Town of Elmira Court — 1255 West Water Street, Elmira, NY 14905, (607) 734-5971
  • Town of Erin Court — 1138 Breesport Road, Erin, NY 14838, (607) 739-8681, ext. 2
  • Town of Horseheads Court — 150 Wygant Road, Horseheads, NY 14845 (mail: P.O. Box 29), (607) 739-2113
  • Town of Southport Court — 1139 Pennsylvania Avenue, Elmira, NY 14904, (607) 734-1548 (town hall; ask for the court)
  • Town of Van Etten Court — P.O. Box 177, Van Etten, NY 14889, (607) 589-4435
  • Town of Veteran Court — 4049 Watkins Road, Millport, NY 14864, (607) 739-3337

Village Courts

  • Village of Elmira Heights Court — 215 Elmwood Avenue, Elmira Heights, NY 14903, (607) 737-6750
  • Village of Horseheads Court — Village Hall, 202 South Main Street, Horseheads, NY 14845, (607) 739-5691 (village offices)
  • Village of Wellsburg Court — 3663 Sixth Street, Wellsburg, NY 14894, (607) 732-0723

Millport (village offices at 4246 Main Street, (607) 739-0703) and Van Etten send their cases to the surrounding town justice unless the ticket names a village court; follow what the paperwork says. Note that the Town of Elmira Court on West Water Street is a different court from Elmira City Court.

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

Misdemeanors from the Arnot Mall area in Big Flats, the Southside of Elmira or Route 17 through Horseheads are decided in the local court where they arose, and they stay there for the entire case.

First steps

Officers commonly issue an appearance ticket for a misdemeanor and release the person. Custodial arraignments within about a day are more likely after DWI, domestic-violence or warrant arrests. At arraignment, counsel is provided to anyone who has none, and the court decides release. For almost every misdemeanor, the law requires release on recognizance or with the least restrictive non-monetary conditions, which may include pretrial supervision through Chemung County Probation. Monetary bail is permitted only for qualifying offenses, including many domestic-violence misdemeanors, and must be set after considering ability to pay and in at least two different forms.

What a conviction can mean

  • Violation: as many as 15 days; it is not a crime.
  • Class B misdemeanor such as third-degree criminal trespass: as much as 3 months and $500.
  • Class A misdemeanor such as petit larceny (no more than $1,000 in property), third-degree assault or second-degree criminal trespass: as much as 364 days and $1,000.
  • First DWI: a misdemeanor punishable by up to a year in jail, a fine of $500 to $1,000, a revocation lasting six months or longer, the Drinking Driver Program, and a 12-month-minimum ignition interlock. Aggravated DWI at .18 or higher raises the fine to between $1,000 and $2,500 and the revocation to at least a year. Driving while ability impaired is only an infraction, and a DWI with a passenger 15 or younger is a felony under Leandra's Law.

Resolution

Prosecutors must be ready for trial within 90 days on a Class A misdemeanor and 60 days on a Class B, with excludable time not counted, and discovery comes early. Most cases end with an adjournment in contemplation of dismissal, a plea to a violation, a conditional discharge, a fine or probation. One to six months is the usual range. People who cannot afford a lawyer should ask the judge at arraignment for the Chemung County Public Defender ((607) 737-2969), or for assigned counsel if that office has a conflict.

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

In Chemung County a felony is opened in Elmira City Court or a town or village court and, if it is not dismissed or reduced, closed in Chemung County Court.

  1. Local arraignment. The judge reads the felony complaint and decides release; no felony plea can be taken here. Release on recognizance or conditions is the norm for nonviolent felonies, while qualifying offenses allow bail or remand.
  2. Five-day limit. A defendant held in jail must be released unless the grand jury votes or a preliminary hearing is held within 120 hours, or 144 hours over a weekend or holiday.
  3. Grand jury or waiver. The DA presents the case to a Chemung County grand jury, which the defendant may address. Many cases resolve early through a waiver of indictment and a plea to a superior court information.
  4. County Court. After indictment, arraignment in County Court, discovery under CPL Article 245, motions and hearings follow. The People must be ready within six months, not counting allowed delays.
  5. Plea or trial. Most cases end in a plea bargain. At trial, 12 jurors must reach a unanimous verdict.

Sentencing

First felony offenders face up to about 4 years for Class E, 7 for Class D, 15 for Class C and 25 for Class B felonies; probation remains available for many nonviolent crimes.

  • Fourth-degree grand larceny, theft of more than $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.
  • Third-degree burglary, entering a non-residential building to commit a crime, is a nonviolent Class D felony. Burglary of a dwelling is a violent felony in the second or first degree.
  • Third-degree criminal sale of a controlled substance is Class B; under the 2009 reforms the judge has flexible sentencing options, and eligible defendants can seek judicial diversion to treatment under CPL Article 216.
  • Second-degree assault is a Class D violent felony, with a determinate term of 2 to 7 years when a first offender receives prison.

Predicate felony offenders, those with a felony conviction in the past ten years excluding time incarcerated, face mandatory prison. Determinate sentences are followed by post-release supervision. Expect six to eighteen months. The Chemung County Public Defender represents eligible felony defendants.

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

Most of the county's violent felony cases originate in Elmira, though serious crimes also occur in the towns. Elmira police detectives, Sheriff's investigators and the State Police investigate, and the District Attorney prosecutes in Chemung County Court.

Bail. Violent felonies are qualifying offenses, so bail or remand is possible from the first appearance. On a Class A felony such as murder, a City Court or town court has no authority to set bail; the defendant waits in the William Street jail for a bail decision from a County Court or Supreme Court judge.

Sentencing law.

  • Murder 1st degree: life without parole, or an indeterminate term of 20 to 25 years to life.
  • Murder 2nd degree: a minimum of 15 to 25 years with a life maximum, and life without parole in some cases.
  • Rape 1st degree: Class B violent felony, 5 to 25 years with post-release supervision; registration as a sex offender is required.
  • Robbery 1st degree: Class B violent felony, 5 to 25 years. Robbery 2nd degree: Class C violent felony, 3½ to 15 years. Robbery 3rd degree: Class D, nonviolent.

New York does not have capital punishment. A violent felony offender must serve at least six-sevenths of a determinate term because good-time credit is capped.

Victims. Victims have a right to notice of proceedings and of any release, to deliver an impact statement before sentencing and to seek compensation from the Office of Victim Services.

Timeline and counsel. Violent felony cases often take one to two years because of lab work, expert testimony and pretrial hearings. Eligible defendants are represented by the Chemung County Public Defender or, in conflict cases, assigned counsel.

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Juveniles (under 18) arrested in Chemung County

New York's Raise the Age law (effective for 16-year-olds in 2018 and 17-year-olds in 2019) means a Chemung County teenager is not treated as an adult defendant automatically.

Children 12 to 15 are generally handled as juvenile delinquents in Chemung County Family Court in Elmira. Probation conducts intake and can adjust the matter informally. If a petition is filed, the County Attorney prosecutes it and a Family Court judge decides it without a jury, with outcomes such as probation, services or placement instead of a conviction.

Juvenile offenders and adolescent offenders. A 13- to 15-year-old charged with a listed serious violent felony, or a 16- or 17-year-old charged with any felony, is arraigned in the Youth Part of Chemung County Court. Nonviolent felony cases against 16- and 17-year-olds are transferred to Family Court unless the DA shows extraordinary circumstances; some violent felony cases also qualify for removal.

16- and 17-year-olds charged with misdemeanors are handled in Family Court as delinquency cases, though most traffic tickets stay in the local court.

Detention. Youths are not held at the Chemung County Jail. A youth ordered detained is placed in non-secure or secure detention certified by the Office of Children and Family Services, and adolescent offenders go to specialized secure detention. Chemung County relies on contracted beds, so a detained youth may be held at a facility in another county. Juvenile records and Family Court proceedings are confidential, and Family Court appoints an attorney for the child.

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

Unlike its eastern neighbors Tioga and Broome, Chemung County belongs to the Western District of New York. Elmira is named in federal law as a place where the district may hold court, but the district's criminal rule assigns Chemung County cases to Rochester, where they are heard at the Kenneth B. Keating Federal Building, 100 State Street, Rochester, NY 14614, roughly two hours north.

Federal offices for Chemung County cases

  • U.S. Attorney's Office, Rochester, 100 State Street, Suite 500, Rochester, NY 14614, (585) 263-6760
  • Federal Public Defender, Rochester office, 28 East Main Street, Suite 400, Rochester, NY 14614, (585) 263-6201
  • U.S. Marshals Service, Rochester, Keating Federal Building, (585) 263-5787

When a case is federal. Charges under federal law, such as large-scale drug distribution along the I-86 (Southern Tier Expressway) corridor, firearms possession by people with felony convictions, child exploitation, bank robbery and fraud, are prosecuted by the U.S. Attorney. State and federal cases can be brought for the same conduct.

How federal court works. An arrested defendant appears first before a U.S. magistrate judge. If the government seeks detention, a hearing is generally held within three court days, and the Bail Reform Act allows release on conditions supervised by U.S. Pretrial Services or detention. A grand jury indictment must follow a complaint within 30 days, and the Speedy Trial Act sets a 70-day target for trial, frequently extended. Pleas resolve most cases; a trial jury of 12 must be unanimous. The sentencing judge uses a presentence report and the advisory Sentencing Guidelines and must honor any mandatory minimum. There is no federal parole, so about 85 percent of a sentence is served in the Bureau of Prisons before supervised release begins.

Custody and appeal. Federal pretrial detainees in the Western District are held in jails that contract with the Marshals, including the Livingston County Jail and the Niagara County Jail. Appeals go to the Second Circuit. Federal prosecution of minors is unusual.

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This explanation of the criminal process in Elmira and Chemung County is general information, not legal advice; procedures and laws change, and every case is different. Use the court and date on your paperwork. If you cannot afford a lawyer, ask the arraigning judge to assign the Chemung County Public Defender on Lake Street, (607) 737-2969; for jail questions call the Sheriff's Office at (607) 737-2987.

Criminal Court Process for Chemung County New York

Chemung County New York Criminal Court System – Definitions

The Criminal Court System in New York State can be a complicated system to understand.  In order to understand better, it might be helpful to define some words that will be used on this site. The definitions on this site are for general information and not legal advice.  It is always preferred to follow information given by your attorney or local authorities.

If you scroll down below this content, and the listing of the courts in Chemung County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.

Arrest is when New York, Chemung County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed. 

In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Chemung County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.

Booking is when the Chemung County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.

The prosecution, sometimes called “the government” or “the people” or “the state” is the side that press the charges and seeks punishment for the offense. These are attorneys that work for the municipal (or city) courts, county courts, circuit courts, courts of appeal and supreme court.  In New York, the prosecuting attorney for the state or county is called an Assistant District Attorney or ADA or District Attorney or DA and a U.S. Attorney prosecutes for federal cases.  

Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case.  For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case.  If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.  Jurisdiction varies from state to state and sometimes county to county.

District Court can be a New York State District Court (which are only in Nassau and parts of Suffolk County), or it can refer to a United States Federal District Court that hears federal cases and there are four US District Courts in New York.  It is important to ask the arresting officer or court the exact address of the courthouse rather than trying to figure it out yourself and miss your court appearance.

Bail is money paid that is kept by the courts to make sure that the arrested does not flee the area before their trial. Bail amounts and conditions are determined at the arraignment. Once the case is over, the bail money is returned. If a person does not pay bail, they remain in jail until their trial.  Bail can be denied if the court feels that the arrested would be a danger to others if released.

A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail.

Judges in New York rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.

A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.  Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.  

Cash percentage in lieu of bonds.  If the bond order permits, the defendant pays a percentage of the amount, (sometimes up to 100%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.

Surety Bond is when defendant pays a percentage of the bond amount (usually 10–15%) to a professional bondsman or bail bond company licensed to do business in New York, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than New York.

A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted).  Usually, the property must be in Chemung County, and it must be worth at least the amount of the bond.

Transfer bond is transferable across state lines but generally a bond company will only assume the loan to adjoining states.

It is always important to have family involvement after being arrested.  Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.  

(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  A bondsman will not call asking for money without involvement of the arrested.)

A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest. If the arrested cannot afford a lawyer, the New York court would assign indigent representation, usually called a public defender or an assigned or contracted attorney to represent the person for free or a small fee or a reduced rate, depending on the county.  Indigent representation is only available for juvenile cases, appeals and cases that could result in jail time. It is not available for civil cases or cases that would not result in jail time.  

In New York State, criminal attorneys can be asked by the courts to represent people periodically at a much-reduced rate.  This is called an 18-B assignment.   

A right to an attorney is in the 6th Amendment of the U.S. Constitution; that all people that are going to be heard in trial are entitled to be represented by a lawyer and if they cannot afford one, the court will provide one. This only applies to criminal cases and not to civil cases or criminal cases that would not result in jail time.  

In New York State, the Office of Indigent Legal Services is the state agency that oversees indigent defense as a whole, but it is up to each county to fund and run their own indigent services.

For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court. The attached link has a list of pro bono organizations in New York State.

Many courts will provide forms and help for people who want to represent themselves, called pro se.  Here is a link for legal self-help in New York, and another website for which court to go to.

Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered.  This information does not include conversations between the arrested and their attorney.

Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings.  A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment.  The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty.  There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.  

Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether if the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial.  If a jury is selected, it is called a jury trial.  If the defendant is found non-guilty, they are released.  If they are found to be guilty, the next step is sentencing.

Sentencing is the punishment that the judge decides the person should get. This could be fines, community service, probation, jail time or a combination.

Appeal is asking for a higher court to hear the case again.  If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.

A misdemeanor crime in New York State is a crime that has a penalty such as fines, probation, community service or up to one year in a county jail.  Common misdemeanor offenses include petty theft, simple assault, trespassing, some drug offenses or harassment. 

A felony crime in New York State is a more serious crime than a misdemeanor and can be punished with more significant fines and prison (not jail) time over one year.  Examples of felony crimes include murder, rape, theft, aggravated assault, drug trafficking, kidnapping, armed burglary and identity theft.

The Chemung County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.

A warrant is used to get someone to appear in court or to law enforcement.  There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime. 

A criminal summons is issued to request that a person appear in court at a particular time and date.  It does not involve an arrest.  A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.

A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.

Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Chemung County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

CRIMINAL COURTS IN NEW YORK STATE

The Criminal Court System in New York City, Nassau County and parts of Suffolk County are different from all of the other counties and cities in the state of New York.

After someone is arrested in New York, which court to go can be complicated. It depends on where the crime occurred and what type of crime it was. To further complicate things, New York City, Nassau County and parts of Suffolk County process the arrested differently than the rest of New York State.  The arresting police officers or police department are best suited to advise you of which court the arrested should go to until a lawyer is retained.  The NY Unified Court website also provides a guide as to which court to use.

When someone is arrested in New York, they are usually brought to the local city, town or village police department where booking occurs before being seen in a justice court which is the name given to town or village courts.  

Most traffic and vehicle offenses are handled in a justice court as well as misdemeanors. If you can say that the crime happened in the “Town of ___” or “Village of____”, and it was not a felony crime, you will most likely appear in a justice court.  The judges are called justices of the peace are on call 24 hours/day to be available for arraignments and to issue orders of protection. There are 1,200 justice courts in New York State except for New York City.  

If the offense occurred in one of about 60 cities in New York, your case will be heard in a city court which acts the same as a justice court.

District courts are only in Nassau and parts of Suffolk County, and they act like the justice courts, they can handle traffic matters, misdemeanor cases and conduct felony arraignments. 

County Courts can handle most criminal cases from beginning to end or they can receive felony cases from justice courts (or district courts in Nassau and Suffolk County) that need to be further prosecuted or go to trial. County courts hear mostly criminal cases and some family court matters but not civil cases. If your case is appealed from the justice or city court, it will likely be heard in a county court. 

The term Supreme Court in New York confuses a lot of people because it sounds like a high-level court that hears special cases and has a panel of justices.  This is not so in New York. There is a supreme court in each county in New York State. A New York Supreme Court handles civil, divorce, criminal cases and some juvenile cases.  Criminal cases are handled in a division of supreme court called the Criminal Term. 

A New York Supreme Court is a trial level court for cases that handle more serious or complicated for county courts with the exception of New York City where most criminal felony cases are handled in New York City Supreme Court instead of a county court.  A New York Supreme Court has an Appellate Division that hears appeals from the supreme court criminal term, from family court and from county courts.

New York Court of Appeals is the highest court in New York meaning that the decisions are final unless it is a matter for the U.S. Supreme Court.  Most appeals are heard in a New York Supreme Court Appeals Division.

Family Court handles cases involving family and domestic issues, such as child custody, child support, and domestic violence. Juvenile crimes are usually heard in Family Court and there is a court in each county. Here is a link for more information on juvenile court.

Specialty Courts or Problem-Solving Courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances.  Problem-solving courts in New York include: Drug treatment courts, family treatment courts, human trafficking courts, mental health courts, opioid courts and veterans treatment courts.  Follow this link to find out more about a problem-solving court in New York State.

The New York State Court System is complicated and there are factors that can change the court type and location, so it is important to follow the instructions given by the paperwork given by the police or judge at the time of the arrest or by your attorney.

New York City Criminal Courts

If a crime is committed in New York City the initial process is different than the rest of New York State.  If the crime is committed in one of the five boroughs (The Bronx, Kings County (Brooklyn), New York County (Manhattan), Queens County or Richmond County (Staten Island), the arrested is taken to the New York City Criminal Court which handles lower-level cases, arraignments and trials for misdemeanors which are crimes punished by a fine or imprisonment of less than one year.  It also conducts arraignments, preliminary hearings and plea bargaining for some felonies.  

The more serious felony cases are transferred to the New York County Supreme Court.

The New York County Supreme Court’s Criminal Term handles cases in parts.  A part deals with a certain type of proceeding or crime. The parts in NYC Supreme Court Criminal Term include many conference and trial parts, youth part, narcotics part, domestic violence parts, diversion and mental illness parts.  Here is more information on New York City’s Criminal Court.

New York Court of Appeals is the highest court in New York meaning that the decisions are final unless it is a matter for the U.S. Supreme Court.  Most appeals are heard in a New York Supreme Court Appeals Division.

Family Court handles cases involving family and domestic issues, such as child custody, child support, and domestic violence. Juvenile crimes are usually heard in Family Court and there is a court in each county.

Here is a link for more information on juvenile court.

Specialty Courts or Problem-Solving Courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances.  

Problem-solving courts in New York include: Drug treatment courts, family treatment courts, human trafficking courts, mental health courts, opioid courts and veterans treatment courts.  Follow this link to find out more about a problem-solving court in New York State.

The following link gives information regarding New York City’s Drug Treatment Court.

The New York State Court System is complicated and there are factors that can change the court type and location, so it is important to follow the instructions given by the paperwork given by the police or judge at the time of the arrest or by your attorney.

Nassau County Criminal Court System

After someone is arrested in New York, which court to go can be complicated. It depends on where the crime occurred and what type of crime it was. To further complicate things, New York City, Nassau County and parts of Suffolk County process the arrested differently than the rest of New York State.  The arresting police officers or police department are best suited to advise you of which court the arrested should go to until a lawyer is retained.

The initial process following an arrest in Nassau County is different than the rest of New York State in that the initial process does not occur in city, town or village court but in Nassau County District Court. The District Court in Nassau County handles traffic and vehicle matters, misdemeanor cases from beginning to end, including trial and preliminary proceedings in felony criminal cases. The felony cases will then be transferred to a county or supreme court for further prosecution and/or trial. 

The Nassau County Court can handle most criminal cases from beginning to end or they can receive felony cases from district courts that need to be further prosecuted or go to trial. County courts hear mostly criminal cases and some family court matters but not civil cases. If the case is considered serious enough or is complicated, it will be moved to a New York State Supreme Court. If your case is appealed from the district court, it will likely be heard in the Nassau County Court. 

The term Supreme Court in New York confuses a lot of people because it sounds like a high-level court that hears special cases and has a panel of justices.  This is not so in New York. There is a supreme court in each county in New York State. A New York Supreme Court handles civil, divorce, criminal cases and some juvenile cases.  Criminal cases are handled in a division of supreme court called the Criminal Term.

A New York Supreme Court is a trial level court for cases that handle more serious or complicated for county courts with the exception of New York City where most criminal felony cases are handled in New York City Supreme Court instead of a county court.  A New York Supreme Court has an Appellate Division that hears appeals from the supreme court criminal term, from family court and from county courts.

New York Court of Appeals is the highest court in New York meaning that the decisions are final unless it is a matter for the U.S. Supreme Court.  Most appeals are heard in a New York Supreme Court Appeals Division.

Family Court handles cases involving family and domestic issues, such as child custody, child support, and domestic violence. Juvenile crimes are usually heard in Family Court and there is a court in each county.  

Here is a link for more information on juvenile court.

Specialty Courts or Problem-Solving Courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances.  Problem-solving courts in New York include: Drug treatment courts, family treatment courts, human trafficking courts, mental health courts, opioid courts and veterans treatment courts.  Follow this link to find out more about a problem-solving court in New York State.

The New York State Court System is complicated and there are factors that can change the court type and location, so it is important to follow the instructions given by the paperwork given by the police or judge at the time of the arrest or by your attorney.

Suffolk County New York Criminal Court System

After someone is arrested in New York, which court to go can be complicated. It depends on where the crime occurred and what type of crime it was. To further complicate things, New York City, Nassau County and parts of Suffolk County process the arrested differently than the rest of New York State.  The arresting police officers or police department are best suited to advise you of which court the arrested should go to until a lawyer is retained.

Parts of Suffolk County (Western Towns of Babylon, Huntington, Smithtown, Islip and Brookhaven) and all of Nassau County differ from the rest of New York State.  The remaining towns of Suffolk County are like the rest of New York State where the court process starts in city, town or village court.  In the five western towns of Suffolk County, all cases start at the District Court.  

The initial process following an arrest in the Western Towns of Suffolk County is different than the rest of New York State in that the initial process does not occur in city, town or village court but in Suffolk County District Court. The District Court in Suffolk County handles traffic and vehicle matters, misdemeanor cases from beginning to end, including trial and preliminary proceedings in felony criminal cases. The felony cases will then be transferred to the Suffolk County Court or supreme court for further prosecution and/or trial. 

Suffolk County Court can handle most criminal cases from beginning to end or they can receive felony cases from the district court in Suffolk County that need to be further prosecuted or go to trial. County courts hear mostly criminal cases and some family court matters but not civil cases. If the case is considered serious enough or is complicated, it will be moved to a New York State Supreme Court. If your case is appealed from the district court, it will likely be heard in a county court. 

The term Supreme Court in New York confuses a lot of people because it sounds like a high-level court that hears special cases and has a panel of justices.  This is not so in New York. There is a supreme court in each county in New York State. A New York Supreme Court handles civil, divorce, criminal cases and some juvenile cases.  Criminal cases are handled in a division of supreme court called the Criminal Term.

A New York Supreme Court is a trial level court for cases that handle more serious or complicated for county courts with the exception of New York City where most criminal felony cases are handled in New York City Supreme Court instead of a county court.  A New York Supreme Court has an Appellate Division that hears appeals from the supreme court criminal term, from family court and from county courts.

Family Court handles cases involving family and domestic issues, such as child custody, child support, and domestic violence. Juvenile crimes are usually heard in Family Court and there is a court in each county.  

Here is a link for more information on juvenile court.

Specialty Courts or Problem-Solving Courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances.  

Problem-solving courts in New York include: Drug treatment courts, family treatment courts, human trafficking courts, mental health courts, opioid courts and veterans treatment courts.  Follow this link to find out more about a problem-solving court in New York State.

The New York State Court System is complicated and there are factors that can change the court type and location, so it is important to follow the instructions given by the paperwork given by the police or judge at the time of the arrest or by your attorney.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the New York state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There are four U.S. Federal Judicial Districts in New York.

Courts

CHEMUNG JUSTICE COURT
48 ROTARY ROAD EXT
CHEMUNG NY, 14825
607-529-3322
HORSEHEADS JUSTICE COURT
150 WYGANT RD
HORSEHEADS NY, 14845
607-739-2113
VILLAGE COURT
202 S MAIN ST # 1
HORSEHEADS NY, 14845
607-739-0158
VETERAN TOWN JUSTICE COURT
4049 WATKINS RD
MILLPORT NY, 14864
607-739-3337
CHEMUNG COUNTY SUPREME COURT
203 LAKE ST
ELMIRA NY, 14901
607-873-9450
ELMIRA CITY COURT
317 E CHURCH ST # 2
ELMIRA NY, 14901
607-873-9520
JUSTICE COURT
1139 PENNSYLVANIA AVE
ELMIRA NY, 14904
607-734-4446

Search for an Inmate or Active Arrest Warrant in Chemung County

Human-verified information Manually curated

Every detail on this page is checked by hand, not scraped. This unofficial directory helps friends and family of incarcerated individuals find critical information — inmate lists, locations, bail resources, visitation hours, rules, and text, phone, email, and mail services — for jails, detention centers, and prisons across the United States.