We can get criminal charges commenced if prosecutors violate the 30.30 speedy trial laws . A trial must commence:
30 days after an arraignment for a Violation
60 days after an arraignment for a Class B misdemeanor
90 days after an arraignment for a Class A misdemeanor
180 days after an arraignment for a felony
The arraignment is your first court appearance. It is the date that you are brought to a judge to hear the charges being read and to enter a plea: guilty, not guilty, or no contest.
Sounds straightforward, but if it were as straightforward as it sounded nobody would spend years in jail awaiting a trial. The truth is the clock can be stopped and restarted .
What can stop and restart the clock?
Unavoidable court delays, such as those caused by natural disasters, or, more recently, the pandemic
Court case backlogs
Your own defense lawyer’s requests to have more time to prepare
The prosecutor files a “certificate or statement of readiness” saying they are ready for trial, which stops the clock
Case adjournments, including adjournments for discovery or motions
Your own defense lawyer’s need for evidence suppression hearings
The prosecutor uses legally available procedures to request more time
Many of these stops and starts are for your protection, but that doesn’t mean it’s not nerve wracking to see them happening while you’re sitting in jail.
It can take six months to a year to actually get a misdemeanor case to trial in New York. You may end up returning to court many times before your actual trial date.
As mentioned, some people wait years to actually see their felony trial date.
First, hire an attorney who will try to help you get a workable pretrial release option: bail you can pay, the supervised release program, or release on your own recognizance. You’re much more likely to win an acquittal if you can get out of jail between your arrest and your trial.
Second, keep in mind that eventually a plea bargain may be your best bet. While it can be galling to accept a plea bargain because the court system dragged its feet, the truth is there are times when you can apply all of your time served to the bargain and walk that day. For many, accepting the criminal record is a small price to pay for getting out of prison.
But pay attention to your attorney’s advice and don’t give up hope either. Plea bargaining is not always the best bet. There are some cases it’s just not worth it for the prosecution to pursue and the prosecution knows it. Sometimes we can get those charges dropped or dismissed.
The one thing you shouldn’t do is assume that speedy means the court system will be done with you quickly. Unfortunately, that would be a false hope.
See also:
When Is It Smart to Take a Plea Deal?
What is a Pretrial Motion?
In The News: The Kalif Browder Settlement
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