How long does a criminal case take in Ontario County
The timeline for a criminal case in Ontario County varies depending on the level of the charge, the complexity of the evidence, whether the case proceeds to trial or resolves through a plea, and the court’s current calendar. A misdemeanor charge may move from arraignment to disposition within a few months, while a felony case—particularly one involving extensive discovery, pretrial motions, or trial scheduling—can take a year or more. The Ontario County Supreme Court at 27 North Main Street in Canandaigua handles all felony matters, while local criminal courts manage misdemeanor and violation-level charges. New York’s statutory speedy-trial framework under Criminal Procedure Law § 30.30 requires the prosecution to be ready for trial within 90 days of commencement for a misdemeanor and within six months for a felony, but the actual duration of a case often exceeds those thresholds because many defense motions, adjournments by consent, and plea negotiations are excluded from the speedy-trial calculation. For guidance on your specific situation, call Law Offices Of SRIS, P.C. at (888) 437-7747.
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What affects how long a criminal case takes in Ontario County?
Several factors shape the actual timeline an individual may experience during a criminal proceeding in Ontario County. The most significant is the classification of the offense. Misdemeanors, prosecuted in the local criminal courts, generally involve fewer pretrial motions and simpler discovery, so they tend to resolve more quickly than felonies, which require grand jury action and are handled in the Ontario County Supreme Court. Felony cases also frequently involve a preliminary hearing in the local court before the case is transferred to the Supreme Court, which can add weeks or months.
Case complexity is another driver. Matters that involve multiple defendants, voluminous electronic evidence, or expert witnesses require more time for discovery and motion practice. The court’s calendar is also a practical constraint—Ontario County serves a broad region of the Finger Lakes, and the Supreme Court at 27 North Main Street schedules criminal cases alongside civil matters. Delays caused by witness availability, attorney schedules, or the need for forensic laboratory results are common and can extend the timeline significantly. In addition, many first‑offense cases in New York are eligible for an Adjournment in Contemplation of Dismissal (ACD), which typically lasts six to twelve months and, if successfully completed, results in the charges being dismissed. For those who choose to negotiate a plea or proceed to trial, the timeline extends further.
What should you expect procedurally?
A criminal case in Ontario County generally begins with an arrest or a desk appearance ticket, followed by an arraignment where the charges are formally read and bail or release conditions are set. Under New York’s 2020 bail reform, cash bail is no longer required for most misdemeanors and non‑violent felonies, meaning many defendants are released on their own recognizance or with conditions. After arraignment, the defense attorney obtains and reviews discovery—police reports, witness statements, video footage, and other evidence—and may file motions addressing legal issues such as the sufficiency of the charges or the admissibility of evidence. If the case is not resolved by a plea or dismissal, it proceeds to hearings and potentially a trial.
Before a felony trial, the case must be presented to a grand jury for an indictment; that step alone can take several months. Throughout the process, adjournments are routine and can be requested by either side or ordered by the court. The New York speedy‑trial provisions under CPL § 30.30 set a readiness deadline for the prosecution, but the defendant’s own motions and consent to adjournments exclude significant time from the calculation. As a result, even a case that falls within the statutory readiness window may extend far beyond what the calendar days suggest.
Frequently Asked Questions
How long does it typically take for a misdemeanor case to finish in Ontario County?
A misdemeanor case in Ontario County can often be resolved within a few months if it ends with a plea or dismissal at or shortly after arraignment, but contested cases may take longer. Many misdemeanor matters, such as disorderly conduct or petty theft, are disposed of through plea agreements during the first few court appearances. When the parties cannot reach an agreement or the defendant intends to challenge the evidence, the court must schedule hearings and, if necessary, a trial. The availability of an ACD—available for many first‑offense misdemeanors—can pause the case for six to twelve months, after which the charges are dismissed if the defendant has complied with the conditions. Therefore, a straightforward misdemeanor might conclude within two to four months from arraignment, while a contested case can stretch to eight months or longer.
How long does a felony case take in Ontario County?
A felony charge in Ontario County generally takes at least eight months and often more than a year to reach a conclusion, particularly if the defendant maintains innocence and goes to trial. After arrest, the case begins in the local criminal court, where a preliminary hearing or waiver occurs. If the charge is upheld, the District Attorney’s office presents the case to a grand jury for indictment—a process that can take several weeks to months. Once indicted, the case moves to the Ontario County Supreme Court at 27 North Main Street in Canandaigua. Discovery, motion practice, and plea negotiations can each consume additional months. Because the prosecution must be ready for trial within six months under CPL § 30.30, many felony cases are resolved by plea before trial, but a trial itself may not be scheduled for a year or more after the initial arrest.
What is an ACD and how does it affect case length?
An Adjournment in Contemplation of Dismissal (ACD) is an adjournment of the case for a period of six to twelve months, after which the charges are dismissed if the defendant satisfies the conditions set by the court. ACDs are available for many first‑offense misdemeanors and some lower‑level felonies in New York. During the adjournment period the defendant is typically required to avoid new arrests and may be ordered to complete community service or a treatment program. If the defendant meets the conditions, the case ends with a dismissal and the record may be sealed. If a new arrest occurs or the conditions are violated, the case is restored to the calendar and prosecuted. For a defendant who receives an ACD, the total case timeline is the length of the adjournment period—usually six to twelve months—without a trial.
Does New York’s speedy-trial law mean my case must finish in six months?
New York Criminal Procedure Law § 30.30 requires the prosecution to declare readiness for trial within six months of the commencement of a felony charge (90 days for a misdemeanor), but many time periods are excluded from that calculation. Because the statute excludes time attributable to defense motions, adjournments requested or consented to by the defendant, competency evaluations, and certain other pretrial proceedings, the actual clock often runs much more slowly than the headline number suggests. If the prosecution fails to be ready within the statutory period—after accounting for excluded time—the defendant may move to dismiss the charges. Consequently, while the statute imposes an outer limit, the practical duration of a case can be substantially longer.
Can a criminal case in Ontario County be dismissed before trial?
Yes, criminal charges can be dismissed before trial for several reasons, including insufficient evidence, successful suppression motions, or the defendant’s completion of a diversion program. Dismissals also occur when the prosecution determines it cannot meet its burden of proof after reviewing discovery, or when a key witness is unavailable. In Ontario County, as elsewhere, many first‑offense defendants are offered an ACD or a conditional discharge that leads to dismissal after a period of compliance. An experienced defense attorney reviews the evidence for weaknesses, negotiates with the District Attorney’s office, and may file motions that result in the exclusion of critical evidence, potentially experienced to a dismissal of the entire case.
Do I need a lawyer to handle my Ontario County criminal case?
While you have the right to represent yourself, a criminal charge in Ontario County can carry serious consequences, and an experienced attorney helps you understand the process, protect your rights, and work toward a favorable resolution. Even a misdemeanor conviction can result in a permanent criminal record, fines, and possible incarceration. A lawyer familiar with the Ontario County courts and the local District Attorney’s office can evaluate the strength of the prosecution’s case, identify defenses, negotiate for reduced charges or an ACD, and represent you at every critical stage. The commitment you make to legal representation can significantly affect both the outcome and the duration of the matter.
How do I find a criminal defense lawyer in Ontario County?
Start by contacting a firm that regularly appears in Ontario County courts and has extensive experience with New York criminal law. You can request a consultation by calling (888) 437-7747 to speak with Law Offices Of SRIS, P.C. The firm, founded in 1997, is led by Mr. Sris, a former prosecutor, and serves clients across New York, including Ontario County. During the consultation, an attorney can review the specifics of your charge, explain the likely timeline, and outline possible strategies. To discuss your case, reach our location at (888) 437-7747.
What happens if I miss a court date in Ontario County?
Missing a scheduled court appearance can result in a bench warrant for your arrest and additional charges for bail jumping, which can derail your case and extend the timeline considerably. If you have a valid reason, such as a medical emergency, your attorney may be able to request the court to recall the warrant and reschedule. However, a failure to appear can cause the prosecution to revoke any plea offer and may lead to pretrial detention. If a warrant is issued, it is important to contact your attorney immediately so steps can be taken to address the situation before it worsens.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who now concentrates his practice on criminal defense and related matters. Mr. Sris and his Of Counsel appear in Ontario County courts and across New York State. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel team, each with over a decade of practical legal experience, collaborates with Mr. Sris to prepare thorough, well‑researched defenses. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel inform the firm’s approach to criminal cases. Results may vary. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997.
Related pages:
Criminal Lawyer New York County (Manhattan) |
Criminal Lawyer Kings County (Brooklyn) |
Criminal Lawyer Queens County (Queens) |
Criminal Lawyer Nassau County (Long Island) |
Criminal Lawyer Richmond County (Staten Island)
Official sources:
Ontario County Supreme Court |
New York CPL § 30.30 |
New York State Unified Court System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.