Legal Question in Criminal Law in New York

Re: dismissal on a 30/30 motion

In felony cases, the charges may be dismissed if the prosecutor is not ready for trial within six months of the institution of charges. The clock, however, is not always ticking on the six-month deadline.

For example, if the defendant makes a motion to dismiss the charges or to suppress evidence, the clock stops until the motion is decided. There are other periods that may be excluded from the calculation such as adjournments at the request of the defendant.

It is important for attorneys to keep track of the time as it passes in order to make a 30.30 motion as soon as it is possible.