Legal Question in Criminal Law in New York

Re: dismissal

Wow, you have a lot here.

Ok, a petite larceny is an a misdemeanor. Under the statute in NY (CPL SECTION 30.30) the prosecution has 90 days from arraignment to act. If the defense either requests the adjournment or consents to it, then that time is excluded from the 90 days.

Check with your lawyer or look at the court's file to see to whom the time was charged for each adjournment. You can look it up at the Webcrims site for NY COurts.

The 6th amendments protection is far longer than the NY Statute. As far as the statute of limitations is concerned it is 3 years on an A misdemeanor.

Finally you must file a notice of claim for false arrest within 90 days as a condition precedent to filing a claim within a year+90 days, or else proceed by way of a federal civil rights lawsuit which has no 90 day condition precedent but must be brought within 3 years of the arrest.

Further be aware that the proper lawsuit may be for malicious prosecution under the federal statute but if you want to succeed that way, then you must not be convicted. You cannot even accept an ACOD. It must be clearly a decision in your favor.

If you wish to discuss the civil rights case and ramifications you may contact me through the links below.

Good luck.