Village Court

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Court Information

Justices
Honorable William F. Driscoll
Honorable Louis E. Tarantelli

Court Clerk
Janette Zeigler
Telephone: (607) 739–0158
Fax: (607) 796–0263

Mailing Address
Horseheads Village Court
202 South Main Street
Horseheads, New York 14845

Hours of Operation:
Monday through Friday
9:00 am to 12:30 pm and 1:30pm to 3:00pm
Except Holidays

Court Schedule

Court is held every Monday and Wednesday evening at 7:00pm at the Horseheads Village Hall.

Traffic Infractions

If you receive a traffic citation in the Village of Horseheads, your scheduled appearance date appears at the bottom. (See diagram at right)

If the offense is a traffic violation, you can enter a plea of guilty or not guilty by mail

• To enter a plea of guilty, complete PART A of the Uniform Traffic Ticket. (See diagram) You must include your current mailing address. You must date and sign where indicated. Return the ticket to Horseheads Village Court by mail or in person to the Court office, or appear in person before the Judge on the date of your scheduled appearance. If you mail the ticket, the court will contact you by mail of the fine(s) and mandatory surcharge(s) assessed. If your mailing address changes, YOU MUST NOTIFY THE COURT.

• To enter a plea of not guilty, complete PART B of the Uniform Traffic Ticket. (See diagram) You must include your current mailing address. You must date and sign where indicated. Return the ticket to Horseheads Village Court within 48 hours of receipt.
• You can request a supporting deposition by checking the appropriate box on the back of the ticket. A Supporting Deposition will provide you with additional information regarding the basis for the ticket. A Supporting Deposition request must be timely; within 30 days of the appearance date listed on the ticket. The Court will then order the Supporting Deposition from the Police Officer who issued the ticket. The Police Officer must supply the Supporting Deposition to you.
• When the Court receives your not guilty plea, you will be notified by the Court and scheduled for the first available court appearance. You will be given the opportunity to proceed to a pretrial conference with the Assistant District Attorney or to trial.
• You should advise the Court if you will be represented by an Attorney and the Attorney should file a NOTICE OF APPEARANCE with the Court.

If the citation goes to trial: Your case will be scheduled for a non-jury trial or Bench trial before the Village Justice

• The Police Officer will prosecute the case UNLESS you are represented by an attorney. The Officer must present evidence to the Court. You will have the opportunity to cross-examine any witnesses the prosecution presents. You can also present evidence to the Court, including testimony from yourself or any other individuals. If you need to subpoena a witness, you can apply for a subpoena at the time that you are notified of the trial date.
• At the conclusion of the trial, the Judge will render a verdict or reserve decision. If the Court reserves decision, a written decision will be issued by the Judge and you will receive a copy at the address on file with the Court.
• If the Court finds you NOT GUILTY on all infractions, the case is ended
• If the Court finds you GUILTY, a fine and mandatory surcharge will be assessed.
• You have a right to appeal a traffic infraction conviction.

If you mail your ticket to the Court without entering a plea of guilty or not guilty, or do not sign the ticket; the ticket will be returned to you. If you fail to enter a plea by mail OR fail to appear on the scheduled court appearance date, the Department of Motor Vehicles will be notified to suspend your driving privileges.

If the offense is a Misdemeanor, you MUST appear in person in Village Court on the date written on the ticket to be arraigned before a Village Justice.

Vehicle & Traffic State Mandated Surcharges:

Classification	Surcharge	CVAF	Municipal	Additional Surcharge Effective 8/1/08	Total Fee
Common Infraction	$55	$5	$5	$20	$85
Equipment Infractions	$25	$5	$5	$20	$55
1192 Misdemeanor	$370	$25	$5	-	$400
1192 Violation	$250	$5	$5	-	$260

• CVAF: Crime Victim Assistance Fees
• Municipal Fee: fee for each surcharge or partial surcharge actually assessed
• Crime Victim Assistance Fee and Mandatory Surcharge can not be waived

Methods of Payment for Vehicle and Traffic Offenses:

Payment will be accepted in cash, money order, certified check, bank check, Visa, or Master Card. (See credit card payment form) The Court will direct you to make payment in full by a specific date. The Court will accept partial payments ONLY upon request and approval by the Judge. If payment is made by mail, you must include a self addressed stamped envelope if you wish to receive the receipt. Failure to pay the assessed fines/surcharges will result in the suspension of your New York driving privileges.

Driver Suspensions:

When a defendant’s license has been suspended for failure to appear or failure to pay a fine, penalty or mandatory surcharge, the suspension shall remain in effect until the defendant pays to the court a termination of suspension fee of $35. Suspension fees cannot exceed two hundred dollars.

Vehicle & Traffic Cases Assigned to the Village Attorney:

• All Village Code offenses
• All Village Ordinance offenses
• Any Local Law

Vehicle & Traffic Cases Assigned to the District Attorney:

• All felonies
• All misdemeanors
• All “state” law violations (Transportation Law, Tax Law, En Con Law)
• Vehicle and Traffic Law infractions

Penal Law Violations and Misdemeanors State Mandated Surcharges:

Classification	Mandatory Surcharge	Crime Victims Assistance Fee	Municipal Fee	Total
Violations:	$95.00	$25.00	$5.00	$125.00
Misdemeanors:	$175.00	$25.00	$5.00	$205.00

Sex Offender Registration Fee: A person convicted of a sex offense as defined by subdivision 2 of section 168-a of the Correction Law or a sexually violent offense as defined by subdivision 3 of section 168-a of the Correction Law shall, in addition to a mandatory surcharge and crime victim assistance fee, pay a sex offender registration fee of $50.00

Crime Victim Assistance Fee and Mandatory Surcharge cannot be waived.

Posted Bail: 3% Bail Poundage

The Horseheads Village Justice Court shall charge a fee of three percent of the amount of cash bail in connection with a criminal action or proceeding. When a criminal action or proceeding is “terminated in favor of the accused”, the bail will be returned fully to the person who originally posted such bail. If the original bail is reduced prior to disposition, the 3% poundage will be retained upon the original amount of bail, returnable only if the action is terminated in favor of the accused.

Method of Payment for Penal Law Violations and Misdemeanors:

Payment may be made in cash, money order, certified check, bank check. Fines/Surcharges for Penal Law offenses cannot be made by credit card.

Jury Trials

Jury trials are held in Village Court. Jurors are summoned to report directly to the Court. There are no automatic or occupational exemptions from jury service. Work related excuses, requests from employers and financial hardship are not reasons for an adjournment of service. Anyone requesting permanent exemption from service must contact the Commissioner of Jurors. Jurors who serve in Village Court shall receive credit for service and will be ineligible for two years.

All jurors should be on call with the summons. An answering machine may be used to give updated reporting instructions to the jurors.

Parking is available in the parking lot on Grand Central Avenue between Broad Street and John Street or on South Main Street directly across from the Village Hall.

Small Claims

Small Claims Court is an informal court where individuals can sue for money only, up to $3,000. Anyone over 18 years of age can bring an action in Small Claims Court. Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court, but they can be sued.

You will be required to pay a filing fee of $10.00 if your claim is for $1,000 or less and a filing fee of $15.00 if your claim is for more than $1,000.

If you have filed a Small Claim and have resolved the matter prior to the Court hearing, you should advise the Court, in writing, immediately. Only the individual that filed the claim can withdraw the matter.

Guide to Small Claims

Summary Proceedings: (Evictions)

Non-Payment Proceedings (Eviction for non payment of rent only) Holdover Proceedings (Eviction for any other grounds other than Non-payment of rent) You will be required to pay a filing fee of $40.00.

Frequently Asked Questions:

QIf one of my tickets is a misdemeanor, can I resolve it by mail?

ANo, you must appear before the court in person, a misdemeanor is a crime and can not be resolved by mail

QCan I resolve a traffic ticket infraction by telephone or email?

ANo, you must either appear in person or by writing to the court

QCan my driver’s license be suspended if I am licensed in another state?

AIf you are a licensed driver of another state, be advised that the State of New York has reciprocity with most other states and can notify the state where you are licensed that you have an unresolved ticket in New York State. Your state will then proceed to suspend your driver’s license.

QWhat is the penalty if I drive with a suspended license?

AIf you are driving with a suspended license, a police officer can and will ticket you for Aggravated Unlicensed Operation which is a misdemeanor grade offense in New York State.

QWill the Court keep me informed as to the status of my ticket?

AIt is your responsibility to ensure that all tickets have been resolved. Generally, you will receive only one notification of your court date (either verbal if appearing in person or by mail if you respond by mail). If you have an attorney, you should stay in contact with your attorney and you should contact the court to determine the status of your ticket if you have not been advised of any future court dates. Be advised that contacting the District Attorney is not sufficient to resolve a ticket. You must enter a plea of guilty or not guilty with the court and appear or pay any fines as directed by the Court.

QWhat will happen if I fail to notify the Court of my change of address?

AIf you fail to advise the court, in writing, of any change in your address, the court will be unable to notify you of any court dates. This will not relieve you of the responsibility of resolving the ticket. The court can and will proceed to notify the Department of Motor Vehicles to suspend your driver’s license if you fail to appear or pay any fines as directed.

QCan someone other than the defendant enter a plea?

ANo. Only the defendant can enter a plea to a ticket

QWhat if I cannot make it to court?

AContact the court immediately. Only the court may grant adjournments. You are expected to find an alternative method to Court should you encounter any last minute problems such as your car not starting.

QWho can I talk to about my case if the Court office is closed?

ANo One. Only the Court Clerk may answer questions pertaining to your case. If the Court Clerk is unavailable, you must attempt to contact the Court Clerk again. The office is normally open but it is occasionally necessary to close or be closed without advanced notice.

QWhat if I need to make a payment on my fine and the Court office is closed?

APayments are accepted in the Village Clerk’s office between the hours of 8am to 4pm, Monday through Friday, excluding holidays. However, no one in the Village Clerk’s office can answer questions pertaining to your case, tell you the balance or amount due pertaining to your case, or acknowledge payment in full. It is your responsibility to contact the Court Clerk for information pertaining to your case.

QCan I contact the court to find out the fine amount before I enter a plea of guilty or not guilty?

AOnly the Judge can assess the fine. A fine will only be assessed once a plea of guilty is entered.

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