OFFICE OF THE DISTRICT
ATTORNEY
Vehicle & Traffic Policies &
Procedures
To: Individuals Charged with Traffic
Infractions Pending in Allegany County
You
are presumed innocent until proven guilty and you have the right to retain an
attorney to represent you now, or at any stage in the proceedings.
You have various procedural options in the course of
bringing this matter to a just disposition.
You may choose to proceed in any of the following manners, or any other
legally authorized manner. You may wish
to consult an attorney for guidance or representation before determining which
course of action you will pursue. The
court may not provided you with a recommendation as to how you should proceed,
or as to which of these or any other options you should choose.
YOU MAY:
1. Plead
Not Guilty.
By
pleading "Not guilty" you exercise your right to a public trial at
which the People of the State of New York, represented by the prosecution, must
prove, beyond a reasonable doubt, that you have committed the offense
alleged in the accusatory instrument.
At the trial you will have the right to hear, see and challenge the
evidence submitted to prove your guilt, including, confronting, by
cross-examination, the Police Officer, Peace Officer or other witness or
witnesses who testify against you. You
have the right to have witnesses testify on your behalf and you may, but you
are not required to, testify on your own behalf. The court will determine, after hearing all the evidence
submitted at the trial, whether or not the People have proven guilt beyond a
reasonable doubt, and will render an appropriate verdict.
YOU MAY:
2. Plead Guilty as Charged.
By
pleading "Guilty" you waive your right to a trial at which the People
of the State of New York, represented by the prosecution, must prove beyond a
reasonable doubt that you committed the offense alleged in the accusatory
instrument. A Plea of Guilty will
subject you to sentencing, by the judge presiding, to any legally authorized
sentence. You may withdraw, with the
court's permission, your plea of guilty at any time prior to sentencing and
exercise your right to a trial.
YOU MAY:
3. Communicate
with the Appropriate Prosecutorial Office Concerning an Alternative
Disposition.
You
may contact the Prosecutor or other official who is responsible for proving the
charge or charges against you and attempt to negotiate an agreement to plead
guilty to a legally authorized alternative offense, including a lesser included
offense, or a less severe offense or offenses.
Any proposed agreement is subject to approval by the court. Upon a plea of guilty to the agreed upon
offense, you will be subject to sentencing, by the judge presiding, to any
sentence legally authorized to be imposed for the offense to which you plead
guilty.
The
prosecutorial office responsible to prove the charge or charges against you
alleged in the accusatory instrument is the Assistant District Attorney
assigned to this Court. The
address for the District Attorney's
Office is:
ALLEGANY
COUNTY DISTRICT ATTORNEY
Traffic Division 212-A
County Office Building
7 Court Street
Belmont, NY
14813
Please
note that the District Attorney's Office does not discuss alternative
dispositions over the telephone. All
communications must be in writing, and include a copy of the Uniform Traffic
Tickets(s).
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