New York Criminal Procedure Law Section 30.30: A Defendant Has the Right to a Speedy Trial
Discussing the different rights that defendants have in New York is crucial because defendants need to know their rights to protect them. One of your rights as a defendant in New York is the right to a speedy trial. The New York Criminal Procedure Law Section 30.30 outlines what constitutes a speedy trial in New York. This New York statute’s primary purpose is to ensure that each criminal defendant receives a prompt trial. Whenever a defendant’s rights to a speedy trial are violated, their criminal charges qualify for dismissal.
It is not only the New York law that states that defendants have the right to speedy trials. The sixth amendment to the U.S constitution also states that defendants have the right to have their cases tried on time. However, the New York law provides more comprehensive protection than the federal statute. The United States constitution does not set the time limit for a defendant’s right to a speedy trial. The New York statute, unlike the federal statute, imposes a time limit for trials in New York. Thus, cases are rarely dismissed based on federal law. Criminal cases are mostly dismissed based on state law (NY CPL 30.30).
Thirty-thirty, which is the common name for the New York Law that governs speedy trials, imposes different time limits on prosecutors. The New York law expects courts to discharge criminal charges if a prosecutor is unprepared for a trial within;
- Six months when a defendant stands accused of at least one felony offense.
- Ninety days when a defendant stands accused of at least one misdemeanor that is punishable by a jail term of more than three months.
- Sixty days when a defendant stands accused of at least one misdemeanor that is punishable by not more than a three-month jail sentence.
- Thirty days when a defendant stands accused of at least one violation offense and no crime.
The thirty-thirty clock usually begins ticking on the day of arraignment. Even though the clock starts ticking after arraignment in many cases, it is not always the case. The thirty-thirty clock can also stop ticking at some point, depending on the circumstance.
Exceptions To the Speedy Trial Rule
Your case could drag for years, and in some circumstances, that would not be considered a violation of your right to a speedy trial. Depending on the situation, some periods do not count towards the speedy-trial time. For example, if you request to adjourn your case to another date, that period of adjournment will not be part of the speedy-trial period. It is because of such exclusion that some trials continue for many years. It is not uncommon for sixty days to turn into six hundred.
Contact a New York City Criminal Defense Attorney Today
If you believe that your right to a speedy trial has been violated, you need to work with an experienced criminal defense attorney because such a violation means new hope for you. If indeed a particular party has violated the New York Criminal Procedure Law Section 30.30, your case could be dismissed. Contact NYC criminal attorney Mark I. Cohen, Esq., today to receive legal help.