Failure to Prosecute as a cause to dismiss would be how many months?

[StuckinNewYork]

What is the name of your state (only U.S. law)? NY State. I got a ticket in November 2008, and we have not gone to court yet. I am supposed to be there on Tuesday. Has enough time passed, where I could claim, "non speedy trial", or "failure to prosecute". Thanks.What is the name of your state (only U.S. law)?

 

[tranquility]

No. They have a year to prosecute unless you are incarcerated.

 

[racer72]

Your time to invoke your right to a speedy trial is when you asked for the trial. You waived this right when you did not ask for it.

 

[Jim_bo]

Racer,

Do you have a statute that states what you described? The reason I ask is that there are many people who think that the right to a speedy trial must actually be requested in CA... but that is wrong. It is a misunderstanding by many people here. Just wondering if NY is really that different.