If you have been charged with a crime in New York, you have the right to a speedy trial. If this right is violated, your criminal charges will be dismissed. However, without the assistance of an experienced criminal defense attorney, it can be difficult to determine whether your right to a speedy trial has been violated. Therefore, it is highly recommended that anyone charged with a crime contact a New York criminal defense attorney as soon as possible. Below is some additional information on your right to a speedy trial in New York.
Where does this right come from?
The Sixth Amendment to the United States Constitution guarantees the right to a speedy trial. Unfortunately, however, very few criminal cases are dismissed based on the constitutional right to a speedy trial. Rather, most speedy trial dismissals are based on New York’s speedy trial law. This law sets time limits by which different types of criminal cases must commence. Specifically, New York’s speedy trial law imposes the following requirements:
- For felonies (crimes that are punishable by more than one year in jail), the case must be ready for trial within six months.
- For class A misdemeanors (crimes that are punishable by up to one year in jail), the case must be ready for trial within 90 days.
- For class B misdemeanors (crimes that are punishable by up to 90 days in jail), the case must be ready for trial within 60 days.
- For violations (non-criminal offenses that are punishable by up to 15 days in jail), the case must be ready for trial within 30 days.
Not every calendar day counts towards the speedy trial time limit for the above types of crimes. Rather, certain periods are excluded, which can actually extend the limits listed above. For example, when a criminal defendant consents to adjourn his or her case to a future date, the period of adjournment isn’t counted for purposes of calculating whether the speedy trial requirements have been met. Due to excluded time, many cases continue for years without accumulating speedy-trial violations. Further, even in cases in which defendants don’t consent to adjournment, prosecutors sometimes take advantage of these exceptions to delay trial.
However, even despite these exceptions, courts frequently dismiss criminal cases due to violations of the New York’s speedy trial requirements. Therefore, anyone facing criminal charges in New York should contact a criminal defense attorney as soon as possible.
New York Criminal Defense Attorneys
If you’ve been charged with a crime in New York, it’s imperative that you engage the services of an experienced criminal defense attorney in order to achieve the best possible outcome in your criminal case. At Barket Epstein, our experienced New York criminal defense attorneys will ensure that you are fully apprised of your legal rights and provided with the most effective defense possible. Please contact one of our experienced criminal defense attorneys today for a consultation.
Posted in: Criminal Defense