Legal Question in Criminal Law in New York
After a defense lawyer files a 30 30 motion. Does the prosecuting attorney have to let the defense know if the 30 30 motion will be contested in advance of the next court date?
Asked on 7/18/10, 8:46 am
2 Answers from Attorneys
Joel Salinger
Law Office of Joel R. Salinger
The District Attorney has a period of time to file opposition to the motion and then the defense has a period of time to file a reply to the opposition, then the papers are considered to be submitted to the court for decision. In some situations, although rarely, the court will allow or request oral argument on the motion or a conference on the motion. These time periods although statutory are at the discretion of the court.
Answered on 7/18/10, 12:42 pm
peter bark
bark & karpf
It depends on the jurisdiction. in most cases the DA can fail to answer a motion on the due date and get an extension when he is due in court.
Answered on 7/19/10, 4:34 am
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