Legal Question in Criminal Law in New York

Rights of one charged with a misdemeanor

There are a number of different answers to the various questions you have posed.First, there is no requirement for Grand Juryaction on a misdemeanor. To prosecute a misdemeanorcharge, the prosecutor must must only present tothe court an information. A document which statesall the necessary facts that make up the crime charged,which is sworn to by a person with first hand knowledge,(essentially, someone who saw it happen). So, there wouldbe no opportunity for a grand jury appearance on amisdemeanor. Next, if your daughter was the victim of a crime, then thereexists no legal requirement that her criminal casemust first be prosecuted prior to her filing a complaint.However, not every complaint received by the Policeis prosecuted. There are many levels where "discretion"is used to filter out what will be prosecuted. As for the civil side, if your daughter wantedto sue the person who assaulted her, you would needto file a Notice of Claim against the governmental entity involved, or simply file suit against the person as an individual. (Thereare many things involved in a civil suit, and Idont have enough facts to advise you-suffice to say it can be done, and if its against a governmental unit, itmust be done quickly. Lastly, in New York state, the prosecution must prosecute a felony pursuant to CPL 30.30 within 180 days, and a misdemeanor within90 days. Unfortunately, these calculations arenot simple--these are not calendar days, but ratherlegally defined "includable time." It is theorecticallypossible under NY law for a case to go years, without everreaching the day limit. There is also the right to a speedy trial under the NY and Federal consitution.However, most courts in NY use the "30.30" dayinterchangably with this right. I hope this was of some help to you. YOur daughter must have an attorney. I would hopethat that person would explain these things further to you.Good Luck.