Legal Question in Criminal Law in New York

Do the 3030 motion foe felonys start before or after indicment


Asked on 9/13/12, 1:53 pm

1 Answer from Attorneys

Christopher Brocato Brocato & Byrne, LLP

The New York Criminal Procedure law subsection 30:30 in sum and substance says that a court must grant a motion to dismiss a case based on speedy trial grounds when the prosecution is not ready for trial within a specified period of time.

The specific time in which the prosecution must be ready for trial is as follows:

(a) six months of the commencement of a criminal action wherein a

Defendant is accused of one or more offenses, at least one of which is a

Felony;

(b) ninety days of the commencement of a criminal action wherein a

Defendant is accused of one or more offenses, at least one of which is a

Misdemeanor punishable by a sentence of imprisonment of more than three

Months and none of which is a felony;

(c) sixty days of the commencement of a criminal action wherein the

Defendant is accused of one or more offenses, at least one of which is a

Misdemeanor punishable by a sentence of imprisonment of not more than

Three months and none of which is a crime punishable by a sentence of

Imprisonment of more than three months;

(d) thirty days of the commencement of a criminal action wherein the

Defendant is accused of one or more offenses, at least one of which is a

Violation and none of which is a crime.

The important phrase is “not ready for trial.” It is not the mere passage of six months or ninety days, etc. It means that the statutory period of time in which the prosecution must be ready for trial has past and they have fail to announce their readiness to proceed to trial. However, most if not all district attorney’s offices announce ready for trial at criminal defendant’s arraignment. Thus stopping or tolling the running of the statutory period against them. In your case, a felony, it would mean six months that the prosecution was not ready for trial and the defense was ready. Hope this answer helps.

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Answered on 9/13/12, 2:52 pm


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