What constitutes a speedy trial in New York?

What Constitutes a Speedy Trial in New York?

If you’ve been charged with a crime in New York, having your case drag on forever is probably the last thing you want. You have important rights when it comes to getting a speedy trial here in the Empire State. But what exactly does “speedy trial” mean in NY? And how do you know if your right to one has been violated? I’ll break it all down for you here!

Your Constitutional Right to a Speedy Trial

The Sixth Amendment of the U.S. Constitution guarantees all criminal defendants the right to a speedy trial. New York’s constitution doesn’t directly address speedy trials, but the courts say this right is protected under our due process clause [1]. So if prosecutors are dragging their feet bringing your case to trial, they could be violating your constitutional rights.

New York’s Speedy Trial Laws

To give more specifics on speedy trial rights, New York has Section 30.30 of the Criminal Procedure Law. This sets deadlines for how long prosecutors have to be ready for trial, based on the charges [2]:

• Felonies – 6 months
• Class A misdemeanors – 90 days
• Class B misdemeanors – 60 days
• Violations – 30 days

If prosecutors aren’t ready for trial by the deadline, you can ask for the charges to be dismissed. Pretty sweet deal if you can make it happen!

What Does “Ready for Trial” Mean?

Under 30.30, the clock starts ticking once you’re arraigned. The prosecutor has to announce they’re ready for trial within the deadline for your charges. But what does “ready” really mean?

Basically, the prosecution must have completed their investigation and pretrial preparations [2]. This includes things like:

• Interviewing witnesses
• Collecting evidence
• Securing experts if needed
• Filing necessary paperwork

They need to have all their ducks in a row to proceed to trial. If the prosecutor asks for more time to prepare and delays past the deadline, your speedy trial rights may be violated.

What Stops the Clock?

Certain delays don’t count against the prosecution in meeting the 30.30 deadlines. The clock stops ticking if [2]:

• You request more time to prepare your defense
• You’re absent or unavailable
• The court is congested and can’t accommodate trial
• DNA testing or other procedures cause delays

So while the clock keeps ticking for the prosecution’s prep time, your actions can pause it and give them more time before the deadline expires.

What Happens if Your Rights are Violated?

If the 30.30 deadline passes and the prosecutor still isn’t ready for trial, you can file a motion to dismiss for violation of your speedy trial rights. The court will hold a hearing where the prosecutor must prove they were ready [2]. If they can’t, your case could potentially get dismissed – which is basically a win!

Even if not dismissed, the court may release you from jail or lift bail restrictions. But don’t wait too long to assert your rights, or the court may rule you waived them.

Federal Speedy Trial Factors

Separate from NY’s 30.30 law, courts also use a four-factor balancing test to evaluate speedy trial rights under the U.S. Constitution [3]. They look at:

1. Length of delay – The longer the delay, the more likely a violation occurred.
2. Reason for delay – Deliberate delays by prosecutors weigh heavily against them.
3. Defendant’s assertion of rights – Not asserting speedy trial rights early can weaken your argument.
4. Prejudice to defendant – Courts consider if/how the delay disadvantaged your defense.

Even if the NY deadlines are met, a violation can still happen if these factors weigh in your favor.

Takeaways on Speedy Trial Rights

Here are some key takeaways on what constitutes a speedy trial in New York:

• You’re guaranteed a speedy trial under both state and federal law.
• NY has strict deadlines for prosecutors to be ready for trial.
• Only certain delays pause the countdown to the deadlines.
• Violations could get your case dismissed – so pay attention!
• Be proactive in asserting your rights early and often.

Fighting criminal charges is stressful enough without court delays prolonging the process. Don’t let prosecutors deny you a speedy trial – know your rights and speak up if they’re violated!

References

1. Right to a Speedy Trial | New York Criminal Defense Lawyers Tilem & Associates
2. A Guide to New York’s 30.30 Speedy Trial Rights | The Law Firm of Andrew M. Stengel
3. The Right to a Speedy Trial in a Criminal Law Case – Justia
4. 6th Amendment US Constitution–Rights of Accused in Criminal Prosecutions
5. 501 Grammar & Writing Questions 3rd Edition