Legal Question in Criminal Law in New York

what the 30 30 motion

Whats the 30 30 motion in NYC law and how long can they hold u wit out inditing you

Asked on 4/07/08, 3:08 am

2 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: what the 30 30 motion

A CPL 30.30 motion is a speedy trial motion. In a felony case, the people must announce and be ready for trial with in 6 months of indictment (183 days). In a misdemeanor case they have 90 days and in a violation 30 days. These days do not have to come together. The people have a right not to count certain days against them.

As for holding one without an indictment, the People must either indict you or release you within 5 business days of arraignment if you are not bound over after a felony (or Probable Cause) hearing. If one is bound over then they have an additional forty days to hold you. (In fact the people must indict within 45 days of arraignment on a felony complaint whether or not a felony exam is held. The people may exclude time consented to or requested by the defense.

If you or a friend or family member is being held on bail pending a grand jury decision, or wish to retain counsel for a criminal case, I would be happy to speak to you about it. You may contact me by following the links below.

Good Luck

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Answered on 4/07/08, 3:31 am
James Kats James S. Kats, Esq.

Re: what the 30 30 motion

A "30.30" motion is a motion made under Crim Procedure Law section 30.30. It's made when there are speedy trial violations.

You can be held (without your consent) 5 days without an indictment (6 days if the period falls on a weekend).

James S. Kats, Esq.

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Answered on 4/08/08, 4:50 pm

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