District Attorney

Welcome to the Allegany County District Attorney’s Office Website. In the related pages at this site, you will find information regarding our duties and responsibilities, the services we offer, the courts we serve and various reports and statistical data.

The District Attorney is a State Constitutional Officer, elected by the county electorate for a four-year term. As the County’s chief law enforcement officer, the District Attorney is responsible for a wide range of functions, including the prosecution of all violations of the law that occur within the county’s borders. These prosecutions include felonies, misdemeanors, violations and traffic infractions. The District Attorney and Assistant District Attorneys appear in the Town and Village Courts in all 29 Towns and 9 Villages in the County, as well in County, Supreme and Appellate Courts. The office assists in conducting investigations, obtaining search and eavesdropping warrants, and conducting preliminary hearings. The District Attorney presents appropriate felony cases to the Grand Jury, and appears in court for arraignments, motions and pre-trial practice, and trials, from the beginning of the case through sentencing.

Additionally, the District Attorney is responsible for handling criminal appeals at all levels of state and federal courts. Ancillary responsibilities of the District Attorney include prosecuting forfeiture proceedings, extraditing criminals from outside the state, and working with victims of crime to help them secure the fullest measure of redress allowed by law. Finally, the District Attorney is regularly called upon to advise various law enforcement agencies throughout the county.

The office consists of the District Attorney, four part time Assistant District Attorneys, two confidential secretary/legal assistants, a crime victim services specialist and a part-time investigator.

In Allegany County, we prosecute over two thousand cases each year. This caseload is only managed due to the hard work and dedication of quality prosecutors in this office, and to solid investigative work performed by well-trained police officers throughout the county.

Through this website we have endeavored to provide meaningful information to you. In turn, I encourage you to communicate with us if you have issues, concerns or questions about the criminal justice system. The fight against crime can be won, but only if we all work together.

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Court Assignments

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Vehicle and Traffic Policies for Traffic Infractions

The below is for traffic violations NOT felony, misdemeanor or any drinking and driving offenses in violation of the New York State Vehicle and Traffic Law.

You are innocent until you plea or are proven guilty.  You have the right to hire an attorney to represent you at any stage in the proceedings.

You can proceed in any of the following manners:

1. Plead not guilty in court or by mailing your ticket to the court.

          THEN, you may contact this office and negotiate a plea offer to a lesser offense.  This office does not discuss plea offers over the telephone.  All communications must be in writing    with a copy of the traffic ticket(s) and sent to:

ALLEGANY COUNTY DISTRICT ATTORNEY
Traffic Division
Room 333 County Building
7 Court Street
Belmont, NY 14813

Upon a plea of guilty to the agreed upon plea offer, you will be subject to sentencing.  In most cases this is a fine and surcharge which is set by the judge.

          OR, apply to the Allegany County Vehicle & Traffic Diversion Program.  When the program is completed correctly, the ticket is dismissed. An application, policies and details are found at the link Traffic Diversion Program

          OR, exercise your right to a trial.  At trial the prosecution must prove, beyond a reasonable doubt, that you have committed the offense you were ticketed for.  You have the right to view and challenge the evidence submitted to prove your guilt.  You have the right to have witnesses testify on your behalf and you may testify on your own behalf.  After trial, the judge will determine if the prosecution has proven guilt beyond a reasonable doubt, and will make a final decision.

2. Plead Guilty as Charged. By pleading guilty, you waive your right to a trial and you are sentenced by the judge to any legally authorized sentence.  With the court’s permission, you may withdraw your plea of guilty at any time prior to sentencing and request a plea offer or exercise your right to a trial.

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Allegany County Youth Court

Youth Courts are one of the fastest growing programs in the community justice movement. In 2004 there are over 540 active Youth Court Programs throughout the United States. These programs embrace restitution and community service, two common forms of community or restorative justice, within their sentencing guidelines. In addition, Youth Courts send to the community and its youth a strong message that young people do not support law-breaking behavior.

Positive peer pressure plays a major role in our Court hearings at the Belmont Courthouse as juvenile defendants must explain their conduct to Allegany County students who serve as Judge, Bailiff, Defense, Prosecution, Jury Foreperson, and Jury. These student Youth Court members know the circumstances of life in Allegany County and provide thoughtful and appropriate sentences in each individual case. When youth participate in the Youth Court process either as defendants or volunteers they develop valuable skills that will help them become more responsible and productive citizens. Several of our Youth Court defendants that go through our program actually end up joining as Youth Court members once their sanctions have been completed successfully.

Youth Court provides and immediate response to mostly first time offenses that may be warning signs of future serious or violent delinquency. This early intervention also offers the defendant a second chance to make amends for his/her offense before being entered into the family/criminal court system, acquiring a record, paying Court fees, and being given the “juvenile delinquent” label.

The Allegany County Youth Court Director Sabrena Beaten can be reached at:
youthcourt@gvcs.wnyric.org
585.593.1413

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More Info

Town and Village Court Schedule

Traffic Diversion Program

Victim Assistance