Legal Question in Criminal Law in New York
larceny charges
Someone has been arrested and appeared in county court a number of times with their lawyer. The Assistant D.A. assigned to the case has never come to court, never said under what terms restitution or a plea bargin might be acceptable and has not moved ahead with a trial. How long could this go on for? It has been nearly a year since the police interrogation and 10 months since the arrest. The person is on pre-trial release w/ an unsecured bond.
4 Answers from Attorneys
Re: larceny charges
It's a complicated analysis. The reasons vary and include time taken by both sides for discovery, investigation, motions, decisions and other court related reasons. Ask your lawyer to look into whether the appropriate time has passed.
Re: larceny charges
It can go on as long as the DA's office, and the defense consent to it, and the judge goes a long with it. OTOH there is case law that says in a normal case, waiting two years is too long. Especially if the DA is not trying in good faith to move forward.
As a general rule, the longer it takes to go to trial, the better for the defense. This is not always true especially where the defense expects to call witnesses and put on a affirmative case.
Talk to your attorney about his strategy. See if you sign onto it, otherwise get your lawyer to sign on to your vision or get a new lawyer.
Good luck
Re: larceny charges
It can go on as long as the DA's office, and the defense consent to it, and the judge goes a long with it. OTOH there is case law that says in a normal case, waiting two years is too long. Especially if the DA is not trying in good faith to move forward.
As a general rule, the longer it takes to go to trial, the better for the defense. This is not always true especially where the defense expects to call witnesses and put on a affirmative case.
Talk to your attorney about his strategy. See if you sign onto it, otherwise get your lawyer to sign on to your vision or get a new lawyer.
Good luck
Re: larceny charges
SEC 30.30 of the CPL applies.This explains the time constraints between arrest,indictment,and trial. If these time constraints are not met the charges must be dismissed.
Related Questions & Answers
-
Sealed Years ago, 1995, i was arrest for petty larceny , records where sealed but... Asked 1/09/08, 11:29 pm in United States New York Criminal Law
-
Indictment time how much time does state have to indict? Asked 1/09/08, 9:56 pm in United States New York Criminal Law
-
Will a CRD allow me to get bonded for business ? I was convicted of a 3rd degree... Asked 1/09/08, 7:38 pm in United States New York Criminal Law
-
Can i drop the charges on identity theif can i drop the charges on identity theif Asked 1/09/08, 6:15 pm in United States New York Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
