ALLEGANY COUNTY, NEW YORK

It’s Quick, Respectful, Safe and Efficient

Violator’s Rights

  • You have the right to have your violation addressed through the court system.
  • You have the right to have your violation reviewed by a judge.
  • You also have the right to have an attorney represent you and the court may determine that you are eligible for a free attorney if you cannot afford one.
  • If you choose to go to court, you or your attorney have the right to discovery of records involved as well.

If you register for the diversion program and are approved, you will not need to attend court, and your penalties will be far less than if found guilty. This is possible because this program is not about punishment, but rather public safety and respect.

This program is designed to make our community safer for everyone. In order for the program to work however, you must, if accepted, waive all claims to a speedy trial and discovery. When accepted into the program, you will receive a notification and the District Attorney’s Office will advise the court to adjourn your case while you complete the program.

In the event you fail to complete the program within the allotted number of days past the date of acceptance into the program, you will be required to contact the court and to appear in court on a date provided to you by the court or your driving privileges may be suspended without further notice, as well as other additional sanctions.

Upon successful completion of the program (within the allotted time), you and the court will receive notification that the Allegany County District Attorney’s Office is withdrawing the violations pending against you.

The Registration Form has the following language which you must sign:

  • I hereby understand that by registering as a participant in the Allegany County Traffic Diversion Program, I am waiving my right to a speedy trial, pursuant to Article 30 of the Criminal Procedure Law and that I will not receive any further discovery to which I am entitled pursuant to Article 245 of the Criminal Procedure Law.
  • I am hereby requesting an adjournment of the case for the stated number of days so that I have adequate time to complete the Traffic Diversion Program offered to me. I agree that failure to respond to the information sought or the giving of false or incorrect information on this registration form is grounds to deny me Diversion or remove me from the program.
  • I acknowledge that I understand that it is a crime punishable as a Class A Misdemeanor under the laws of New York for a person in and by a written instrument to knowingly make a false statement or to make a statement, which such person does not believe is true and pledge that I have not done so on the Registration Form.

Warning: If you have not received a notice by email, text, or any other form of communication from the District Attorney’s office that your Traffic Diversion registration was approved, you must appear at the date and time indicated. Failure to do so will result in the suspension of your license and other possible sanctions. You will lose the registration fee you have paid.

Contact Information: If you have any questions, please contact Diversion Management at 866.250.6050.

Crime Victim’s Rights

Being a victim of crime can be a very traumatic experience. In addition, going through the criminal justice system as a victim of crime can be confusing, scary, and at times, very frustrating. The District Attorney and his team are anxious to help.

Contact Information: Allegany County District Attorney Attn: Shannon Ozzella, Victims Advocate 7 Court Street, Room 216 Belmont, NY 14813 Phone: (585) 268-9725

As a Victim of a Crime, You Have the Right:

  • To be treated with dignity, respect, and compassion.
  • To be informed about the Criminal Justice System.
  • To discuss your case with the District Attorney.
  • To request restitution.
  • To due process in the criminal proceedings.
  • To provide a victim-impact statement to the court prior to sentencing.
  • To be heard by the court at the time of the defendant’s sentencing (ten days advance written notice is required).

Services Provided:

  • New York State Crime Victim Compensation: As a victim of crime, you may be eligible for compensation benefits to cover certain medical and counseling expenses, loss of earnings, essential personal property loss, or funeral expenses which resulted from a crime.
  • Outreach: The program assists victims who have reported crimes to local law enforcement agencies.
  • Court Assistance: The program can provide court preparation, accompaniment, and emotional support.
  • Referrals: Referrals can be provided to counseling agencies, shelters, medical services, and others.
  • Probation/Parole Information: The program can assist victims who are in need of information from Corrections, Parole, and Probation services.
  • Community Awareness: Arrangements can be made for a presentation on the program to your group or association.
  • Student Interns/Volunteers: Student internships and volunteer opportunities may be available.