From the Town Court.. Town Justices - Arnold and Thomas
How does a Town Court function??
As citizens of the Town of Schaghticoke we know that laws are enforced in the Town, but how exactly does the Town Court function? In this short article we will attempt to provide some brief insights into our Town Court.
What does the Term "Court" Include?
The Court consists of the judges, attorneys (who are officers or the court), clerks and other ministerial officers. All of these people work together to execute the commands of the court, and to secure order in court proceedings.
What types of cases are heard in Town Court?
1. Criminal laws - Town Courts are frequently encountered in vehicle and traffic law matters. Your judges in Schaghticoke are also frequently called upon to arraign and make bail determinations for criminal defendants charged with a range of crimes, including felonies. Felonies are transferred to Rensselaer County Court, at some point after arraignment; these crimes cannot remain in schaghticoke Town Court for trail. Misdemeanor and lesser cases usually remain in Town Court for deposition, including trial and sentencing, and the Town Justices have authority to sentence convicted defendants up to one year in county jail (up to tow years if sentences are consecutive). Although it is no surprise that there are a lot of traffic tickets to deal with, Town Courts are frequently required to deal with much more serious matters.
2. Civil law - a common civil case heard in the Town Court is the eviction. Town Court can issue money judgments against tenants (if the landlord proves their case), and may issue a "warrant” of court order, direction the Sheriff to remove any tenant who is not entitled to remain in possession of a rental unit. In addition, small claims and lawsuits that seek damages up to $3,000.00 can be heard in Town Court.
3. Court proceedings are public proceedings, and member of the public are entitled to stop in and are welcome to observe the proceedings and function of the Schaghticoke Town Court.
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Town of Schaghticoke 290 Northline Drive Melrose, NY 12121-9707
phone (518)753-6915 fax (518)753-6918