Legal Question in Criminal Law in New York

Speed up trial

IF someone is in jail for homicide and they have been in a jail waiting for hearings to start for the past 24 months and everytime they go to court it keeps getting adjourned because the District attorney keeps stalling what can be done to help move the case along? Isnlt their a certain amount of time when hearings have to start. The person has been waiting in jail for 24 months and has gone to court several times but the case keeps getting adjourned and the District attorney has not produced any evidence. Is their a motion that can be filed to speed this process up?


Asked on 9/19/08, 9:18 pm

1 Answer from Attorneys
Warren Redlich The Redlich Law Firm

Re: Speed up trial

A defendant can make a motion to dismiss for lack of a speedy trial. The motion is made under CPL 30.30, and also under CPL 30.20. The person's lawyer should be making that motion, and probably should have made it already (though waiting can be a good strategy). It's possible that some of the 24 month delay is "attributed" to the defendant. If, in fact, all the delay is due to the DA, then the case would probably be dismissed.

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Answered on 9/19/08, 9:41 pm


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