Legal Question in Criminal Law in New York

Re: my case

The prosecutor must be ready for trial within 6 months in a felony case, and either 60 or 90 days in a misdemeanor case.

The 6 month (or 60/90 day) clock stops whenever the defense asks for an adjournment. For instance, if your lawyer asked for time to talk to you about a plea, if the lawyer filed motions, if the lawyer was unable to appear in court - any of these things are considered defense requests & they are not "chargeable" to the prosecutor.

If the defense lawyer says "I am ready for trial," and the prosecutor says "People not ready" enough times, you can get the case dismissed. In order to do so, a motion has to be filed. Any time that the prosecutor needs to respond to the motion and that the judge needs to decide it, are also considered defense requests.

Before filing a motion to get the case dismissed, you should have a lawyer review the court record carefully. The lawyer would be able to tell you how good your chances would be for a speedy trial dismissal.

Jeff Bloom

Re: my case

Are they "supposed to" drop your case? No; but if the DA has requested the adjournments, you may be able to make a motion and have the judge dismiss your case (speedy trial).

More info is needed on your case; because it depends on the charges and who has been requesting the adjournments.

James Kats, Esq. www.lawjsk.com

Re: my case

You are entitled to a dismissal under 30.30 after your case is more than six months old, however the six months is not actual time... it is only time that the DA asks for, or states they are not ready...

if you would like to discuss this case further, you may contact my office directly at 2127098303