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Jon E. Budelmann

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The District Attorney Office undertakes activities primarily in the following categories: Prosecute criminal cases in Cayuga County Conduct investigations into misconduct by Public Officials Assist Victims Coordinate Law Enforcement Activities

Traffic Offense	Stages Of A Criminal Case	Custody/Bail Determination
Grand Jury	Motions	Hearings
Trial	Sentencing	Restitution
Evidence	Information	Emergency
Preliminary Hearing	Plea Proceedings	Documentation
Subpoenas	Employment	DWI Offense Links

An arrest has been made for a TRAFFIC OFFENSE     -Traffic Letter Form     -Not for misdemeanors or felonies Misdemeanor arrests will stay in the local courts from arraignment until sentencing.     -Misdemeanors in New York State are crimes punishable by jail of more than 15 days and not to exceed 1 year.     -Misdemeanors may also carry fines up to $1,000, Probation, Restitution or a combination of these. Felony charges are punishable by more than one year in jail.     -Normally begin in a local city/town/village court.     -May proceed to Grand Jury     -All felony convictions come out of County Court     -There are multiple levels of felonies, determined by the legislature and categorized by the possible prison terms, the highest is the "A-I" level (murder. . . ) the lowest is a class "E"felony. Top of Page STAGES OF A CRIMINAL CASE   1. Offenses occurring within Cayuga County or having an effect within this county.   2. Investigation, normally conducted by a law enforcement agency   3. Arrest - the defendant(s)is formally charged, advising him of the allegations against him, paperwork is completed and filed with the court.   4. Arraignment - The defendant is read the charges against him and advised of his rights to an attorney, assignment of counsel, preliminary hearing, trial,. . . Top of Page CUSTODY/BAIL DETERMINATION The court has the authority to set bail in certain cases in order to secure the reappearance of the defendant. Bail can either be cash bail, bonds or other security      -Cash, bank check, or money order      -Bail bondsman Top of Page PRELIMINARY HEARING If the defendant was charged with one or more felonies, he may ask the court for a prompt hearing. The purpose of the hearing is to determine whether there is sufficient evidence to warrant holding him in custody for action of the Grand Jury. The defendant may reserve the right to waive it or assert it (normally upon the advice of counsel). If the defendant asserts the right and is not afforded his hearing within certain time constraints, he is entitled to be released from custody. If the court determines there exists probable cause to hold the defendant, he will be held until the Grand Jury hears his case. Top of Page GRAND JURY Composed of 23 men and women who meet periodically to review evidence presented by the District Attorney in felony arrests. The defendant has the right to testify before Grand Jury, but cannot be compelled to do so. If the Grand Jury determines that there is sufficient evidence, they direct the District Attorney to file an Indictment with County Court. Top of Page MOTIONS Relief in criminal cases is obtained by making a motion. The defendant has 45 days from arraignment to file motions. The People have an opportunity to respond and be heard on the issue. Top of Page HEARINGS Certain evidentiary hearings may be held by the court to determine issues related to defendant's statements/admissions, identification proceedings, suppression of evidence. . . Witnesses or other evidence may be presented at these hearings. Top of Page PLEA PROCEEDINGS At any time the defendant may decide to plead guilty rather than go to trial. Assuming the case is a misdemeanor, he/she may do so at any time from arraignment on. If the charge is a felony, the felony plea may only be accepted by County Court. If the defendant has not yet been indicted, he/she will need to waive Grand Jury to plead guilty. At every stage of the criminal prosecution, the defendant is entitled to the assistance of counsel. Top of Page TRIAL If the defendant refuses to plead guilty, he/she may have the issue of guilt decided by a jury. In local court there are six jurors, while County Court requires twelve. The jury must reach a unanimous verdict in criminal cases. The jury will hear testimony from witnesses and consider other types of evidence. Witnesses are compelled to appear through a subpoena. Jury does not determine punishment in New York [except capital cases -(death penalty)] Top of Page SENTENCING Following the defendant's plea or conviction upon trial, the court sentences the defendant. Depending on the level of the offense, the defendant may face a variety of sentencing options. Jail/prison, probation, fine, restitution, conditional discharge. The defendant may also be required to perform Community Service, or undergo treatment. Top of Page RESTITUTION Upon conviction, the court can order the defendant to make restitution to a victim. Restitution can be for any actual loss suffered. It can not be for "pain and suffering" Civil suit is needed to seek these. The court will need some proof as to the amount, either an estimate or the actual repair bill. The court needs this proof when the defendant is sentenced, so it should be gathered and provided to the court as soon as possible. If you need assistance with restitution issues, you may contact the District Attorney's Victim/Witness Coordinator Kristine Francey. Top of Page DOCUMENTATION Certificates of conviction are available from the court and may be necessary for certain court proceedings. Permanent Orders of Protection extend from one to five years from the date of conviction. Top of Page EVIDENCE Certain items may be retained by the police as evidence. Some evidence must be destroyed (contraband, weapons used in the commission of the offense. . .) If you need an item of evidence returned, you should contact the agency directly. Top of Page INFORMATION If you have information about a crime (whether or not an arrest has been made), you should report it to a police agency. If you would rather speak to the District Attorney's Investigator, you should call:   Inv. James Bender at (315) 253-1493   Inv. Fred Whitsett, Jr at (315) 294-8013 Top of Page EMERGENCY If you have an emergency, you should contact a local law enforcement agency directly. In Cayuga County dial 911 Top of Page SUBPOENAS If you have received a subpoena, you should contact the number/person indicated thereon. Contact information will be needed to discuss testimony and advise of scheduling changes. Check day of/before trial to verify not changed. You must appear unless excused or be subject to arrest. Top of Page Employment The following are employment requirements for certain positions with the District Attorneys office. Confidential Investigator - Full Time Confidential Investigator - Part Time Top of Page DWI Offense Links NYS DMV Alcohol and Drug Driving Violations Page Information and Resources for Impaired Driving Offenders Ignition Interlock Devices Top of Page

Updated: 3/2012