Town Courts have “preliminary jurisdiction” over all charges – this includes all violations, misdemeanors, and felonies.  Town Courts have “trial jurisdiction” only for misdemeanors and violations (also known as infractions). It does not have trial jurisdiction over felonies. If arrested for a violation of law, and released without being arraigned before a judge at that time, you will likely have been given an appearance ticket to appear on an “arraignment” date.  Any subsequent appearances (after arraignment) will probably be when the Assistant District Attorney (ADA) and Public Defender (PD) would be present. These dates are known as “ADA/PD” court dates. This is the same date when most appearances with assigned and privately retained counsel will also take place. If you received a traffic summonses, and your driver’s privileges were suspended for failing to answer, or failure to pay, that summonses, a $70.00 “suspension lift fee” will be assessed for every ticket you were suspended for. This is in addition to any fine or surcharge you were assessed and must be paid before your privileges can be restored.

Town Justices do not have the lawful authority to make “plea bargains” or to reduce charges.  Any offer made to allow a defendant to plead guilty to a less serious, or reduced, charge can only be initiated by the District Attorney’s Office.  If a defendant wishes an adjournment to see if the prosecutor will make some type of reduced plea offer, the court may consider allowing an adjournment to another date for such purpose. The Judge has the discretion as to allow, or not allow, the plea reduction. If the Judge does not agree with a plea offer, they may refuse to allow it and prosecution of the charge would proceed forward as charged.

Not all violations of the New York State Vehicle and Traffic Law carry a “point” assessment against your NYS driver’s privileges. A listing of those violations carrying a point assessment can be found at: http://dmv.ny.gov/tickets/about-nys-driver-point-system

Town Courts in the State of New York also serve as “Small Claims Courts”. In this capacity town courts hear claims for amounts not exceeding $3,000.00. Small Claims Courts can award money damages only. They do not have the authority to issue an order regarding conduct – ie. to complete a job, to return property, etc. Jurisdiction in small claims cases is based upon where the defendant (person being sued) lives, works or has a place of business. Therefor the defendant being sued must be located in the geographical boundaries of the town of Williamson for the case is heard. The plaintiff must have an exact address for the defendant as notice of the proceeding is sent by mail. Corporations, partnerships, associations and assignees cannot bring an action in Small Claims Court however they may be sued in Small Claims Court. To initiate a Small Claims Court action you will need to see the court clerk and be prepared to present them with a brief description of your complaint. Filing fees (Court fees) for filing a Small Claims Court action are as follows:

 

• Claims of $0.00 to $1,000.00 = $10.00 fee
• Claims of $1000.01 to $3,000.00 = $15.00 fee

Upon the filing of a Small Claims Court action, court staff will mail a notification to the defendant of the court date and time that the case will be heard. Both parties involved in a small claims court care are STRONGLY encouraged to bring all documents, photographs, and other evidence that may help their case. All evidence submitted for consideration by the court must be retained by the court after the case is disposed of. There will be no adjournments for either party to present additional witnesses or evidence. Important Note: Photographs contained on a mobile phone will not be accepted into evidence. You may take photographs with your phone, print them out, and then introduce those photographs as evidence. For additional information regarding Small Claims Court procedures, please contact a Court Clerk. You may also obtain additional information by visiting the NYS web site at: http://www.nycourts.gov/courthelp/pdfs/smallclaimshandbook.pdf

A Civil trial is a relatively infrequent procedure in which the Rules of Evidence apply. These cases are limited by the same $3,000.00 maximum as in Small Claims Court. Petitioners may wish to seek legal counsel before proceeding with a Civil Trial. The filing fee for Civil Trials is $20.00.

The legal terminology for an eviction is a Summary Proceeding. In a Summary Proceeding a landlord seeks to reclaim possession of property which they own and typically, but not always, allowed someone to reside there as part of a “landlord-tenant” relationship. There are different types of tenant designations, strict time frames, and rules, that must be observed with respect to the service upon the respondent and the date the proceeding will be heard by the court. If after the proceeding, a landlord is successful in obtaining the court’s approval for a Warrant of Eviction, it is the obligation of the landlord to have that warrant prepared for the Judge’s signature. The same procedure applies to any judgement if one was sought and awarded. While not required by law, legal counsel is often utilized to initiate these proceedings. The filing fee to commence an eviction proceeding is $20.00 and must be paid at the time the complaint is submitted to the court. Also at that time the court will assign a date for the case to be heard. Both parties involved in an eviction proceeding are STRONGLY encouraged to bring any and all documents, photographs, witnesses and other evidence with them that may help their case. All evidence submitted for consideration by the court must be retained by the court after the case is disposed of. There will be no adjournments for either party to present additional witnesses or evidence. Important Note: Photographs contained on a mobile phone will not be accepted into evidence. You may take photographs with your phone, print them out, and then introduce those photographs as evidence. For additional important details about Summary Proceedings, you may visit: www.nycourts.gov To file a Summary Proceeding contact the court clerk.

Both Justices for the Town of Williamson perform wedding ceremonies. You may request a particular judge or the on-call judge. One of the Justices will contact the requesting party to make arrangements for the ceremony. The NYS established fee for weddings by Justices is set at $100.00.  An additional charge for travel expenses fees may be assessed for performing weddings outside of Williamson. Contact the court clerk for further information.

Winter Parking Regulation (Town Code)

A warrant for the arrest of a defendant may be issued by the court for a variety of reasons. If a defendant learns that a warrant has been issued for their arrest solely for failure to pay a fine, and they are prepared to pay the required fine, they may respond to the court during normal business hours to pay same. If a defendant learns of a warrant for their arrest outside of normal business hours, they should surrender themselves to any police officer who will then arrange for their appearance before the court. If a defendant is picked up by police when a warrant for their arrest has been issued, they will immediately be brought before the issuing court or, if the issuing court is not available, to another court for arraignment.

The purpose of bail is to guarantee a defendant’s further appearance in court. Should a defendant who has posted bail fail to appear in court as directed by the court, that bail may be forfeited and a warrant for their arrest issued. Upon the conclusion of a case bail is returned to the person who posted it. A small “poundage fee” may be required to be deducted. When claiming bail, the person who posted it should be prepared to present the bail receipt and photo identification.

Upon a plea of guilty, or a conviction after trail, a fine may be imposed. Acceptable payment methods are exact cash, money orders, certified bank checks and credit cards – VISA or Master Card (Note: a 2.99% service fee is added to all credit card payments). Bail may be applied to a fine if the receipt is in the defendant’s name or if the person to whom the receipt was written is present to sign it over to the court and has proper identification. Personal checks, or coin in excess of $5.00, are not acceptable payment methods. Credit card payments must be made in person and are not accepted over the telephone, letter, fax or e-mail. Whether or not a fine is assessed, courts are required by law to assess a surcharge on nearly all violations of law that a person pleads guilty to, or is found guilty of. The surcharge assessed differs depending on the specific violation and it may or may not exceed the fine.