Legal Question in Criminal Law in New York

The police do not have to read anyone their "rights" unless the police want to question a person who is in "custody". This is called "custodial interrogation" One does not have to be arrested to considered in custody. One is considered in custody if they are not free to leave. This is a factual determination made by a judge. Therefore, even if you were arrested, cuffed, taken to police station, etc, the police would not have to read you your rights at all unless they were going to question you while you were in custody. As far as how long your case is taking, their are several different levels or "grades" of misdemeanors (A, B, and Unclassified). Each has a different statute of limitations. However, the clock does always run and defense attorneys sometime consent to delays and adjournment for strategic reasons. If that happens, the clock stops.