Bronxville Village Court

Introduction The Bronxville Court Criminal Law Overview Your Rights If Arrested Criminal Justice System Handbook* DWI Notes on DWI Drinking Drivers Program Ignition Interlock Moving Violations VTL Violations Frequent Violations and Penalties Point/Insurance Reduction Program Civil Litigation Overview Terms and Terminology How to try/defend without a lawyer* Small Claims Notes on Small Claims Tutorial Guide to Small Claims * Landlord - Tenant Overview How to Prepare for Trial*

Information reprinted with the permission of NY State Unified Court System.

The Bronxville Court The Bronxville Village Court has jurisdiction over Criminal, Landlord Tenant, Civil and Small Claims matter as well as Vehicle and Trafc and Local Ordinances including parking offenses. The Court is established under the authority of the New York State Constitution (Article VI Section 1 (a), 17) as part of the Unied Court System. We have two Village Justices, Judge George C. McKinnis and Judge George R. Mayer. Both are elected for four year terms which are staggered so that one judgeship is elected every two years. The Court Clerk is Ruth Walter and the Parking Clerk is Linda Thomas. Jurisdiction In Criminal Cases the Court has preliminary jurisdiction over all criminal cases including capital cases. Therefore, our judges have authority to arraign all criminal cases (felonies, misdemeanors and violations), set bail, release defendants on their own recognizance or commit defendants to jail and conduct preliminary hearings. In addition they have complete jurisdiction over misdemeanors and violations that included suppression hearings, accepting pleas, conducting trials (including jury trials) and imposing sentences. In Landlord Tenant cases the Court has unlimited monetary jurisdiction. These cases include nonpayment of rent and holdover proceedings, where a lease has expired, or a tenant has violated a substantial term of his lease. These cases may include a number of defenses including lack of heat or services. The Court may award money damages, order a warrant of eviction, stay a warrant, or craft other remedies. In Civil and Small Claims cases, the Courts jurisdiction is $3,000 and the Court hears contract disputes, negligence cases and other matters provided there is personal jurisdiction. The Court also has jurisdiction over Vehicle and Trafc cases involving moving violations and failure to obtain a driver's license, vehicle registration or inspection. Lastly the Court hears violations of ordinances, parking violations and miscellaneous violations of state or local law. General Information The Court is in the Village Hall located at 200 Pondeld Road, Bronxville, New York 10708. Thewebsiteisbronxvillecourt.com. The e m a i l a d d r e s s i s Te l e p h o n e ( 9 1 4 ) 3 3 7 2454 and Fax (914) 337-6751.

The Court sits eveiy Wednesday, unless it is a holiday. The second and fourth Wednesday of each month is a Day Court which starts at 9:30 A.M. and normally hears civil, parking and trafc cases. The other Wednesday Court sessions are at 6:30 P.M. and hear primarily criminal cases. The Court is held in the Trustee's Room of Village Hall which has been modied to accommodate Court proceedings. Criminal Cases You are entitled to the aid of counsel at your arraignment and at every subsequent stage of the action, and before any further proceedings are held. You are entitled to an adjournment for the purpose of obtaining counsel; you are entitled to communicate free of charge, by letter or by telephone, for the purpose of obtaining counsel and informing a relative or friend that you have been charged with an offense. If you are nancially unable to obtain counsel, and if you are charged with a misdemeanor or a felony, or any other breach of law (except a trafc infraction or infractions), the Court will assign counsel to represent you upon your request. You do not waive, and you continue to have, your right to counsel and all the foregoing rights necessary to effectuate it, even if you proceed at the arraignment without counsel, and you may exercise such rights at any stage of the action. If you desire counsel, notify the Court when your case is called. A plea of guilty to the charge against you is equivalent to and constitutes a conviction thereof to the same extent as a verdict of guilty after trial. If you are charged with a trafc violation, infraction or a misdemeanor relating to trafc, and you are convicted, not only will you be liable to a penalty and the sentence provided thereof, but in addition your license to drive a motor vehicle or motorcycle, and your certicate of registration, if any, are subject to suspension and revocation as prescribed by law. If the Court informs you that you are charged by a misdemeanor complaint, you may not be prosecuted thereon or required to enter a plea thereto unless you consent to the same. In the absence of such consent, such misdemeanor complaint will, for prosecution purposes, have to be replaced and superseded by an information. If you are charged with a felony, you have the right to a prompt hearing upon the issue of whether there is sufcient evidence to warrant the Court in holding you for the action of a grand jury; but you may waive such right. In the event you plead guilty to, or are found guilty of, the charge against you, you may at that time request an adjournment before the sentence is

pronounced. If you desire an adjournment, make request therefore upon the plea or nding of guilt. Vehicle and Trafc Cases If you have received a simplied trafc information, you have the right to have a supporting deposition of the police ofcer complainant led and served upon. This deposition must contain allegations of fact providing reasonable case to believe you committed the offense charged. If you so request, the Court will order the police ofcer complainant to le and serve such a deposition. If you wish to request a supporting deposition, you must notify the Court within 30 days of the return date on your simplied trafc information. Each side is entitled to no more than one adjournment. You may enter one of the following pleas: Guilty - If you plead guilty the Court will impose a ne and any mandatory surcharge. Guilty with an Explanation - The Court will accept your guilty plea and listen to your explanation of mitigating or extenuating circumstances. Your explanation may affect the ne imposed but your explanation will not result in the charge being dismissed. If your position is that you did not commit the offense then you should plead not guilty and request a trial. Not Guilty - If you plead not guilty you will be given a trial. The Police Ofcer, complainant or witness will take the witness stand, be sworn in and will testify. At the end of the testimony you will have an opportunity to cross-examine the witness. To cross examine means you may (but you don't have to) ask the witness questions. This is not an opportunity to make a statement. You or your witness may be cross-examined. At the conclusion of all the testimony both sides may address the Court with closing arguments. The Court will usually give its decision at this time but it may reserve decision in which case you will receive the decision by mail. Civil Cases On the date your case is scheduled for trial you must be ready to proceed. If you have elected to be represented by an attorney your attorney should be present and you should have any witnesses or evidence available.

Rules of the Court You are asked to be quiet in Court. If you want to talk please step aside. Please turn your cell phones off. You are also asked to be seated in Court unless you are taking the stand, examining a witness or addressing the Court. Caveat Following in these materials is a more in depth explanation of the cases heard in the Bronxville Justice Court. These materials are not to be interpreted as legal advice and the Court suggests you retain legal counsel to explain the law, your rights and obligations.

Criminal Law

Overview Your Rights if Arrested Criminal Justice System Handbook

CRIMINAL LAW Overview There are State and Federal Crimes. State crimes violate State laws and include Assaults, Drugs, Fraud, Thefts, Robbery, Burglary, Gun Possession and Driving while Intoxicated etc. Usually if you are arrested by State or Local Authority you will be charged with a State crime and prosecuted in a State or Local Court. Federal Crimes violate Federal law and include Bank Robbery, Mail Fraud, Smuggling, interstate crimes etc. Usually if you are arrested by Federal Authorities you will be prosecuted in Federal Court. The Process Usually after an arrest you are ngerprinted. Your ngerprint report may take 3 hours to 30 hours to receive depending on the place of arrest, arresting ofcer and Court. Ordinarily you will be held in custody until after your ngerprint report is returned, the accusatory instrument is completed and you go before the Court. In less serious matters you may be released with a Desk Appearance Ticket or Summons and directed to return to Court on a future date. When you go before the Court you are "arraigned" which means you are formerly told what the charges are and what your rights are. At this time bail is set. In more serious cases the defendant in "remanded" which means the Court will not allow the defendant to be released on bail. Usually a case is adjourned for your attorney to make Motions or to discuss a possible disposition with the Prosecutor. Motions are made to discover evidence, ask for a Hearing or ask the Court for particular relief. Sometimes Motions ask for the case to be dismissed. If Motions are made the Prosecutor responds and the Court issues a decision. If a Hearing is granted it will be held before your trial. Most cases are disposed of either by a plea to a lower charge or a dismissal of the charge prior to the trial. Less than 10% of all cases go to trial. Cases are usually Misdemeanors or Felonies. A Misdemeanor is a charge where you can get up to a year in jail. You can get over a year in jail for a Felony. There are also offenses or violations where you can receive up to 15 days in jail. A misdemeanor or a felony is a crime. A violation or offense is not a crime. If your case goes to trial you are entitled to a jury of 12 men/women if you are charged with a felony and 6 men/women if you are charged with misdemeanor.

After trial you may be found not guilty. If you are found guilty you may receive a ne and or probation (3 years for a misdemeanor or 5 years for a felony) and/or jail time. Defenses There are a number of defenses that may be raised. Your arrest, search or even the way that you were stopped may be illegal. Statements you made or evidence that was seized may be suppressed. And your case may be dismissed because of the way it was brought or because it violates your right to a speedy trial. The facts in your case must be carefully reviewed by an attorney with criminal law experience.