Speedy Trial Rights for Defendants in NYC Criminal Courts

Speedy Trial Rights for Defendants in NYC Criminal Courts

If your facing criminal charges in New York City, one of you’re most important rights is to a speedy trial. This means the government can’t just let you’re case drag on forever before they bring you to trial. You have a constitutional right to have you’re case resolved quickly. Here’s an overview of how speedy trial rights work in NYC and what you can do if you think you’re rights are being violated.

What is the Right to a Speedy Trial?

The Sixth Amendment to the US Constitution say’s that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” New York state also has it’s own speedy trial law in the Criminal Procedure Law that requires felony cases to start within 6 months and misdemeanor cases within 90 days. So if your facing criminal charges, the government can’t just leave you hanging indefinitely. They have to bring you to trial within a reasonable amount of time.

When Does the Speedy Trial Clock Start Ticking?

In New York, the speedy trial clock starts ticking from the date of you’re arraignment. That’s when you first appear in court after being arrested and hear the charges against you. The judge also makes decisions about bail at arraignment. So as soon as you get arraigned, the speedy trial clock starts and the government has limited time to prosecute you.

How Long Does the Government Have to Bring You to Trial?

In New York, if your charged with a felony, the government has 6 months to bring you to trial from the date of arraignment. For misdemeanors, they have just 90 days. So those are the outside time limits – 6 months for a felony and 3 months for a misdemeanor. But even those limits may be too long in some cases. You have a right to a speedier trial if waiting months would unfairly cause you harm or prejudice you’re ability to defend yourself.

What Qualifies as an Unreasonable Delay?

There’s no fixed rule for what’s an unreasonable delay. It depends on the circumstances of each case. Some factors courts look at include:

• Length of the delay – the longer you wait, the more likely it’s unreasonable
• Reason for the delay – valid reasons like witness unavailability don’t count against the government as much
• Whether you asserted your speedy trial rights – courts take this into account
• Prejudice to the defendant – delays that impair your defense are less reasonable

So even if you’re case is technically within the 6 months or 90 days, you could still argue it’s been unreasonably delayed based on these factors.

How Do You Assert Your Right to a Speedy Trial?

To assert your speedy trial rights in New York, you or you’re lawyer need to file a “motion to dismiss for denial of speedy trial.” This is a request to the court to dismiss the charges because the delay has been unreasonable. The motion lays out the reasons why you think you’ve waited too long. The judge will consider the motion and decide whether to dismiss or move ahead with the trial.

It’s important to assert you’re rights early and often. Don’t wait until the last minute. Bring it up each time you’re in court so the judge knows it’s an issue. The more you speak up, the stronger you’re argument will be.

What Happens if the Judge Agrees You’ve Been Denied a Speedy Trial?

If the judge grants you’re speedy trial motion, it means the charges will be dismissed. You walk free because the government violated you’re constitutional rights by taking too long. The case can’t be refiled either. You’re off the hook for good!

However, dismissal is a drastic remedy most judges try to avoid. More often, an angry judge will set a firm trial date soon after you file the motion, to get the ball rolling. But at least filing the motion puts pressure on them to resolve you’re case quickly.

When Does the Clock Stop Ticking?

Certain periods of time don’t count toward the speedy trial limits. The clock can be paused or “tolled” for things like:

• Pre-trial motions – while motions are pending, that time doesn’t count
• Defendant requests continuances – delays you asked for don’t count
• Appeals – time spent appealing pre-trial rulings stops the clock
• Incompetent defendant – can’t go to trial until you’re able to understand proceedings and assist in defense
• Missing defendant – if you jump bail, the clock stops until you’re found

So the full 6 months or 90 days doesn’t run continuously. There are legitimate reasons the clock can be stopped that won’t count as unreasonable delay.

What Are Some Defense Strategies to Enforce Speedy Trial Rights?

Here are some suggestions from criminal defense lawyers on enforcing you’re speedy trial rights:

• Don’t ask for continuances yourself – it looks bad if you later claim delay
• Object whenever the prosecutor asks for more time
• Create a record in court about the delays and how they prejudice you
• File frequent speedy trial motions – don’t just do it once
• Be ready for trial – show you’re prepared to go right away
• Consider filing habeas corpus petitions in higher courts

The key is being proactive. Don’t sit around waiting – take action to push the case forward yourself. The squeaky wheel gets the grease when it comes to speedy trials.

What Are the Pros of Enforcing Your Speedy Trial Rights?

There are several benefits to pursuing you’re speedy trial rights aggressively:

• Avoid oppressive pretrial incarceration – get out of jail sooner
• Prevent anxiety and stress of unresolved charges hanging over you
• Weak cases get weaker with time – evidence and witnesses disappear
• Take advantage of short statutes of limitations – charges could get dismissed
• Gain negotiating leverage for better plea deal
• Constitutional rights are important – uphold this basic freedom

The longer you’re case drags on, the more it typically benefits the prosecution. Acting quickly helps the defense.

What Are the Cons of Enforcing Speedy Trial Rights?

There are also some risks to keep in mind when pushing for a speedy trial:

• Less time for defense to prepare and investigate
• Prosecutors can rush the case and hide sloppy work
• Judge may hold it against you if motion is denied
• Jury pool could include more pro-prosecution jurors
• Police witnesses’ memories fade – could help their credibility
• Stiffer sentence if quickly convicted versus a delayed plea bargain

So while a delay helps the prosecution typically, it can occasionally benefit the defense instead. There are pros and cons either way.

What About the Coronavirus Pandemic – Does That Stop Speedy Trials?

The COVID-19 pandemic has caused massive court backlogs and delays across the country. But those delays don’t necessarily violate speedy trial rights. Under New York law, long adjournments are permitted during emergencies like COVID to protect public health and safety. So while the pandemic has postponed many trials, those postponements are legally valid and don’t count as unreasonable delay. The clock essentially stops ticking during the emergency.

However, some defendants have still filed speedy trial motions related to COVID delays. They argue the pandemic can’t go on indefinitely suspending trials. Several New York courts have agreed – while initial COVID delays were fine, continuing delays may now be infringing on rights. So while COVID provides some leeway, the courts seem to be running out of patience with trial delays.

What if You’re Case is in Federal Court Instead of State Court?

The rules are slightly different if you’re facing federal criminal charges instead of state charges in New York. The federal Speedy Trial Act requires that trials start within 70 days of indictment or initial appearance. COVID-19 has caused widespread violations of this act. Some federal courts have ruled these violations require dismissal of charges. So federal courts may provide greater speedy trial protections than New York courts right now.

Conclusion

Speedy trial rights serve an important purpose – no one should languish indefinitely under unresolved criminal accusations. But enforcing these rights in practice takes diligence. Don’t sit back and assume the government will move quickly on it’s own. Educate yourself on the law and procedures. Hold prosecutors accountable by filing motions. Let the court know delays are harming you. Embrace the benefits and risks of pushing for speed. Protect you’re freedom by speaking up!

References

New York Criminal Procedure Law Section 30.20
Law360 article on COVID delays and speedy trials
Politico article on Speedy Trial Act violations during COVID