Legal Question in Criminal Law in New York
Does Contraband Charges Have A Deadline Or Expiration To Being Arrested?
Asked on 2/12/14, 8:16 am
1 Answer from Attorneys
Richard Sweeney
Richard F. Sweeney, Esq.
All charges have an expiration under the speedy trial law. Criminal Procedure Law Section 30 has different rules for different types of crimes. They don't necessarily apply to arrest but they apply to prosecution. For felonies, the People must be ready for trial within 6 months of initiation of prosecution and within 5 years of the incident, there are exceptions for example, like murder and sec abuse. For misdemeanors, its 90 days and 2 years. For petty offenses, its 60 days and 1 year. If you consented to an adjournment, such time is not counted against the prosecution. These are general rules and there are many exceptions.
Answered on 2/13/14, 8:05 am
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