Legal Question in Criminal Law in New Mexico

Delay in prompt arrest and prosection

can I arise a claim based on a five month delay between the implication into a crime and arrest violated my rights to a speedy trial. 2) Also can I raise the issue that during that time my right to asst. of counsel against self-incrimination was violated. I plan on doing a motion to dismiss the indictment under CPL 210.20 (g) (h) due process is my big issue. can I submit thi motin at anytime ?What do you suggest ? I am out on bail, and can't afford a paid lawyer really so I'm doing what I can. I am going to cite case las peo.v singer 44 n.y.2d. 241 and peo. v. staley at n.y.2d.789. prompt. prosecution under n.y.s. const. 1 &6 thank you....


Asked on 10/16/03, 1:12 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Delay in prompt arrest and prosection

prompt prosecution is encouraged, but not all crimes require prompt prosecution.

Which crime you charged with is relevent. For example, jaywalking after 5 months is tough to prosecute. However, robbery can be charged even at this late date.

Your right to a lawyer attaches when you are in some kind of custody. This right can be invoked to 'suppress' any statements you may have made. I am not sure how you intend to apply this right.

good luck. you are welcome to clarify your situation and get more information from me.

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Answered on 10/16/03, 5:19 pm


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