Legal Question in Criminal Law in New York

i have been indicted for 18 months on a criminal case, i would like to know isnt the time up for this case, its a drug possesion case


Asked on 11/23/09, 3:48 pm

2 Answers from Attorneys

Stuart Austin Austin Law Associates, PC

If you are asking about speedy trial time. It is 6 months on a felony. That time is only counted when it is chargeable to the prosecution. Any adjournments consented to by the defense or at the court's request do not count. Also, there is a distinction for pre and post indictment delay. That is based on statute. There is also constitutional speedy trial, which does not have a set time frame. It is based on a specific set of enumerated factors.

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Answered on 11/29/09, 9:38 pm
Steven Czik CZIK LAW PLLC

Mr. Austen is correct. Do you have an experienced attorney representing you? We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 11/30/09, 6:34 pm


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