Legal Question in Criminal Law in New York
i have been indicted for 18 months on a criminal case, i would like to know isnt the time up for this case, its a drug possesion case
2 Answers from Attorneys
If you are asking about speedy trial time. It is 6 months on a felony. That time is only counted when it is chargeable to the prosecution. Any adjournments consented to by the defense or at the court's request do not count. Also, there is a distinction for pre and post indictment delay. That is based on statute. There is also constitutional speedy trial, which does not have a set time frame. It is based on a specific set of enumerated factors.
Mr. Austen is correct. Do you have an experienced attorney representing you? We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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