Legal Question in Constitutional Law in New York

right to a speedy trial

I was arraigned on 3/18/2002 for DWI I have previously been convicted of DWAI,The public defender made what I believe to be two motions on 4/8/2002, The next court date was 5/20/2002.I know I do not have a warrent out for me so I assume again my presence was not required.

I have two questions. (1) On 5/20/2002 if the DA did announce he was ready to go to trial shouldn't a court date have been set at that time or at least a general date set. I know if he did not announce ready for trial my rights under 30.30 would have been violated. (2) Assuming it was announced at that time and 30.30 does not apply am I correct that the right to a speedy trial does exist and is a seperate issue than 30.30.From my read of New York law it is seperate although no exact time limits are set forth in the statutes. I would like to add beside my wife and I there where three other witnesses I planned on using in my defense two of whom are now attending college out of state and the third of which has since moved to Ct.


Asked on 2/12/03, 10:40 am

1 Answer from Attorneys
Rod Kovel Rod Kovel, Attorney at Law

Re: right to a speedy trial

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

You should go over these questions with your public defender because he or she will have more details. Under 30.30 and other speedy trial rules, delays must generally be attributable to the People, and you have not indicated how the delays were attibuted or if there in fact were "delays" at all.

Public defender or not, you are entitled to pose these questions to your lawyer and to have a satisfactory response. Give him/her a call right away.

If you don't get a response, then you (or a family member) may need to hire another lawyer to review the file and make an independent assessment.

You will also want to ask the PD whether a dismissal in the interest of justice -- a separate concept -- could be used in your case.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/12/03, 11:15 am


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