PROCEDURE FOR DISPOSITION OF
The following information pertains to traffic tickets issued by police officers which charge non-criminal offenses under the Vehicle and Traffic Law or Transportation Law.
The following information does NOT apply to misdemeanor charges under the Vehicle and Traffic Law which include Driving While Impaired or Intoxicated (Vehicle and Traffic Law §1192), Reckless Driving (Vehicle and Traffic Law §1212), Aggravated Unlicensed Operation (Vehicle and Traffic Law §511), Suspended Registration (Vehicle and Traffic Law §512). Such charges, together with traffic charges issued at the same time, are prosecuted by the District Attorney in criminal court.
When a traffic ticket is issued to an operator or owner of a motor vehicle, such person must enter a plea of "Guilty" or "Not Guilty" on or before the Court date appearing on the traffic ticket.
IT IS NOT NECESSARY TO APPEAR IN COURT ON THE DATE LISTED ON THE TRAFFIC TICKET.
THE POLICE OFFICER WHO ISSUED THE TICKET IS NOT REQUIRED TO BE IN COURT ON THE DATE LISTED ON THE TICKET
To plead "Guilty" check the appropriate box on the reverse side of the ticket, sign your name in the space provided and return the ticket to the Court. You will be notified by mail the amount of the fine and the date on which the fine is due.
To plead "Not Guilty", check the appropriate box on the reverse side of the ticket, sign your name in the space provided and return the ticket to the Court. If you request a Supporting Deposition from the Police Officer who issued the ticket, check the applicable box. You will be notified of a court date by mail.
Judge Martini holds traffic court on alternate Monday evenings commencing at 6:00 P.M.
Judge Clarino holds traffic court on alternate Tuesday evenings commencing at 6:00 P.M.
On the date and time scheduled for traffic court you may, but are not required to, speak with the Town Prosercuter to discuss a disposition of the charges by agreement.
If a disposition of the charge(s) is agreed to, a Plea Bargain Form will be completed by the Town Prosercuter and signed by you and presented to the Court for approval.
If you and the Town Prosercuter are unable to agree to a disposition, a case will be scheduled for trial to be held at a future date.
PAYMENT OF FINES AND MANDATORY SURCHARGES
In addition to the imposition of a fine upon conviction of traffic infractions, New York State Law requires the imposition of a Mandatory Surcharge. The amount of the Mandatory Surcharge varies and depends on the date and nature of the offense.
Payment of fines, whether in person or by mail, must be by cash, money order or credit card (Master Card or VISA). The Court does not accept personal checks.
Persons (not corporations) may file a small claim to assert a claim in an amount of up to $3,000.00 against a person or corporation who resides, is employed or has a business in the Town of Newburgh. A booklet explaining Small Claims Procedures will be provided when the claim is filed.
The fee for filing a Small Claim Petition is $10.00 for claims of $ 1,000.00 or less and $15.00 for claims over $1,000.00.
Judge Martini hears Small Claims cases alternate Monday evenings commencing at 5:30 P.M.
Judge Clarino hears Small Claims cases alternate Tuesday evenings commencing at 6:00 P.M.
In addition to Small Claims the Justice Court hears Summary Proceedings (eviction cases) concerning property located in the Town of Newburgh and Civil Cases.
ADJOURNMENTS OF CIVIL CASES
A request for an adjournment must be in writing and set forth the name of the case, docket number and the reason for the request for the adjournment. A copy of the written request MUST be provided by the person requesting the adjournment to his or her adversary (ie. "cc" to the other side)
If the other party consents to the requested adjournment, the adjournment may be granted by the Court.
If all parties do NOT consent to the requested adjournment, then the Court will make a ruling with respect to the request for adjournment.
Unless an adjournment is granted by the Court, the parties MUST appear at the scheduled date and time. Failure to appear may respect in the entry of a judgment against the defaulting party.
Judge Martini hears criminal cases on alternate Mondays* commencing at the following times:
1:00 P.M. Cases involving defendants with non-Legal Aid Attorneys
2:00 P.M. Cases involving defendants with no attorney
3:00 P.M. Cases involving defendants represented by Legal Aid Society
of Orange County
*If the Monday is a holiday, the Court will sit on Wednesday of the same week
Judge Clarino hears criminal cases on alternate Tuesdays commencing at 4:00 P.M.
Criminal matters are prosecuted by the Orange County District Attorney
Orange County District Attorney
18 Seward Avenue
Middletown, New York 10940
Tel 845 615-3640
Defendants who are unable to afford an attorney may request to be represented by
The Legal Aid Society of Orange County, Inc.
2 Court Lane
Goshen, New York 10924
CIVIL AND SMALL CLAIMS PROCEDURE