Legal Question in Criminal Law in New York

Criminal Procedure Law section 30.30 spells out the time requirements for the prosecution of criminal cases. It is commonly referred to as the "speedy trial" statute. Generally, the prosecutor has 90 days to prepare a misdemeanor case and 6 months to prepare a felony. This does not mean that all the time, since the date of the arrest, is counted. Any adjournment that is consented to or any date set by the court does not count against the people.

In your particular case, the 30.30 time may have been waived if your lawyer consented to the adjournment or if he agreed to waive it in exchange for more time to negotiate with the district attorney.

Once the 30.30 time expires, the defendant can make a motion to the court to have the case dismissed.

I hope this answer has been helpful. At Chater & Associates, we specialize in criminal defense cases and we pride ourselves on providing excellent and affordable legal representation. Should you have any additional questions, or would like any further information, please do not hesitate to contact us. I can be reached directly at 917-721-7765 or you may call the office at 212-206-1761.