Westford Town Court
Town Justice
Hon. Jocelyn J. Harris
Court meets at the Town Hall:
1812 County Highway 34, Westford, NY 13488
Court is held on the first Tuesday of the month at 7:00 pm & ADA/PD Court is the third Tuesday of the month at 7:00 pm
Court Contact Information:
Phone: (607) 638-9100
Email: WestfordTownCourt@nycourts.gov – Checked on a daily basis
Mailing Address: PO Box 165, Westford, NY 13488
Physical Address: 1812 County Highway 34, Westford, NY 13488
There is NO Court Clerk for the Town of Westford and calls cannot be returned to individual people. All communication from the Judge to individuals need to be heard on the record.
Court Hours:
1st Tuesday of the month at 7:00 PM
3rd Tuesday of the month at 7:00 PM (Assistant District Attorney and Public Defender)
Court Function:
This Town Court plays a vital role in the Unified Court System of New York State.
The Town of Westford Justice Court has broad jurisdiction and presides over vehicle and traffic matters, civil and criminal matters, environmental, town law and code enforcement, landlord/tenant issues and small claim cases occurring within the geographic boundaries of the Town of Westford.
On civil matters, this Town Court hears actions seeking small claim proceedings monetary awards up to $3,000.00. The court also handles landlord/tenant matters that may result in an eviction as well as a monetary judgment for back rent that is due.
The court also presides over small claims disputes. Small claims proceedings are intended to provide a low-cost, simplified and informal procedure for individuals to resolve disputes involving limited monetary claims.
On criminal matters, this Town Court is authorized to handle matters involving the prosecution of misdemeanors and violations that are committed within the town’s geographic boundaries.
This Town Court also conducts arraignments and preliminary hearings in felony matters. In addition, the Court hears Vehicle and Traffic Law misdemeanors and traffic infractions.
Jury and non-jury trials are held in the Town Courtroom on an as needed basis.
Small Claims:
The party you are filing a claim against must either live in or operate a business in the Town of Westford. You will need a correct mailing address. A small claim cannot be filed using a Post Office Box number.
Corporations and partnerships cannot initiate a small claims action in Justice Court.
Filing Fees:
For claims up to $1,000.00 is $10.00
For claims over $1,000.00 up to $3,000.00 is $15.00
For more information you may pick up a booklet on small claims at the court office or download “A Guide to Small Claims Court” at:
http://nycourts.gov/courthelp//pdfs/SmallClaimsHandbook.pdf
To file a claim, CLICK HERE for a small claim form and mail it back to the court with the appropriate filing fee.
Landlord & Tenants:
The Westford Town Court has jurisdiction over landlord/tenant proceedings for non-payment of rent, evictions, holdovers and to compel repairs. The monetary jurisdiction is unlimited. The property must be located in the Town of Westford.
Filing Fee:
The filing fee is $20.00. The court cannot provide any legal advice to landlords or tenants. Contact an attorney to address these matters of law and to represent your individual interests.
For more information visit:
http://www.courts.state.ny.us/courts/townandvillage/faqs.shtml#summary
http://www.nycourts.gov/courthelp/Homes/evictions.shtml
Vehicle & Traffic:
If you received a notice from the Department of Motor Vehicles or find that you have been suspended through the court, you should contact the Westford Town Court to determine the reason for suspension. If you were suspended for failure to pay a fine, payment must be remitted to the court along with a suspension lift fee required by DMV, to lift the suspension. This fee is shown on each individual notice from DMV. If you were suspended for failure to answer the ticket, you must submit your plea to the court. This may be done either through the mail or at the bench during court sessions.
Depending on the reason for your suspension, you must either pay the fine/surcharge due or appear in court. If your license is suspended, you will be required to pay a Suspension Termination Fee of $70.00 per suspension. The Notice of Suspension from NYS DMV will give further information regarding this fee or you can go to their website at:
http://www.dmv.ny.gov/susFeePmt/susFeeFaq.htm
Suspensions and Revocations (DMV)
https://dmv.ny.gov/tickets/suspensions-and-revocations
Vehicle & Traffic Tickets:
How do I answer my ticket?
It is the obligation of the receiving motorist to respond to the ticket. If the charge(s) are NOT MISDEMEANORS you may either appear in person on the date noted on the bottom of the ticket or you may sign the right side of the computer generated ticket to indicate your plea either guilty or not guilty. You then mail it to the Westford Town Court.
· To Plead Guilty – Complete Section A of your ticket
· To Plead Not Guilty – Complete Section B of your ticket
Upon a plea of guilty, the judge will impose a sentence that could consist of a fine and the NYS mandated surcharge. You will be notified by mail of the amount due and the process to make the payment.
Upon a plea of not guilty, you will be scheduled for a “Pre-Trial Conference”. Once your plea of not guilty is received and accepted by the court, you will receive a notice scheduling this conference. At the time of this conference, you will let the court know if you intend on having a Trial. The Trial will be in about one months’ time and the court will notify you by mail of the exact date and time to appear.
If you have been charged with a MISDEMEANOR, you must appear in person on the date and time noted on the ticket.
Appearances:
Criminal Cases:
Please contact your attorney as to how your case may proceed.
Additional information and updates about the NYS Unified Court System can be found online at:
All Court Proceedings are electronically recorded by a digital recorder at the bench.
Payment of Fines:
CERTIFIED BANK CHECKS or MONEY ORDERS made out to: WESTFORD TOWN COURT
DO NOT MAIL CASH. If you want to pay in cash, please personally come during court hours.
*Payment may be dropped off in the foyer of the Westford Town Court, in the red, drop box to the left of interior doors labeled “COURT & L.E.A. DOCUMENTS ONLY”.
NO PERSONAL CHECKS.
Payments are mailed to: Westford Town Court, PO Box 165, Westford, NY 13488
*If you would like a receipt, please be sure to enclose a self-addressed stamped envelope with your payment.
Frequently Asked Questions:
I missed my court appearance what do I do?
You should contact the court immediately. Depending on the matter at hand, non-appearances could result in one or more of the following: Arrest Warrant, Bench Warrant, bail forfeiture and/or the suspension of your driver’s license/privileges.
What is a supporting deposition?
A supporting deposition is a detailed account from the officer regarding the issued ticket. If you were handed an electronically issued ticket, the officer may have handed you the supporting deposition along with the ticket. Some officers hand the ticket and supporting deposition to the driver as one long piece of paper, some separate them.
I’d like to speak with someone regarding a reduction or plea bargain.
If you are charged with a traffic violation and before any plea bargains are accepted, you must first enter a plea of not guilty by appearing for arraignment before the judge or by completing Part B on the traffic ticket(s) you were issued and returning the signed ticket(s) to the court. Once a plea of not guilty has been entered with the court, you will receive further information with regard to plea bargaining.
Plea reduction from the Otsego County District Attorney’s Office
PLEASE NOTE: If you do not meet the eligibility requirements to enter the Traffic Diversion Program, you may seek a plea bargain by filling out an Application for Reduction of Charges, a copy of which may be obtained by contacting the Otsego County District Attorney’s Office at (607) 547-6464 or by logging onto:
www.otsegocounty.com/depts/da.
Otsego County Traffic Diversion Program
If eligible, and you successfully participate in this program, your Vehicle and Traffic ticket(s) will be dismissed, up to four (4) points will be removed from your driving record, you may receive a reduction in your insurance premiums and you will derive educational benefits from the defense driving program. For more information:
www.otsegocounty.com/depts/da/documents/TrafficDiversionProgram.pdf
How do I contact the District Attorney’s Office?
The only way you can talk to an Assistant District Attorney (ADA) from the DA’s Office is to qualify for a Public Defender or hire an attorney of your own. They will represent you and they will talk to the ADA/District Attorney’s Office.
Do I need an attorney?
Although you are not required to have an attorney, you have a right to have representation at every step of the proceedings. It is not recommended that you proceed to trial without the aid of counsel but you certainly have the right to do so.
Can I get a Public Defender?
You will have to financially qualify for representation. The Westford Town Court has a Financial Affidavit form you can fill out to see if you qualify for an Otsego County Public Defender.
Why isn’t the fine listed on my ticket?
Because the judge will assess the penalty. Once the plea of guilty has been entered, the judge determines the sentence, and in most cases, assesses the fine on each ticket filed in the court. Once assessed, a Notice of Fine will be mailed to you with the amount due and the instruction for payment.
What is the Driver Responsibility Assessment fee?
That notice came from NYS Department of Motor Vehicles and is separate from any fines or surcharges paid to the court. The fee is called Driver’s Responsibility Act (DRA). For more information:
https://dmv.ny.gov/tickets/pay-driver-responsibility-assessment.
Bench Trial on a Traffic Ticket
On the date of the Bench Trial (Non-Jury), you must be prepared to proceed and present any and all evidence and/or witnesses on your behalf.
If you are found Not Guilty by the court, an acquittal will be entered on the record. At that time, bail posted, if any, will be returned to the posting individual.
If you are found to be Convicted by the court, a fine and mandatory surcharge will be assessed.
NOTE: You have the right to appeal a traffic infraction conviction (30 day limit)
Who do I talk to about the status of my license?
To find out any information regarding your license status or the effect of a conviction, contact or visit your local licensing state Department of Motor Vehicles Office.
Who do I contact about points on my license?
Contact NYS DMV at your local office or http://www.dmv.ny.gov. If you are an out of state driver, contact your home licensing state.
Department of Environmental Conservation (NYS DEC) – Region 4
To report a crime: 1-844-DEC-ECOS (1-844-332-3267)
For more information: https://dec.ny.gov
I was the victim of a crime. Who can I talk to?
Opportunities for Otsego at:
http://www.ofoinc.org/find-program/violence-intervention-program/