New York Speedy Trial Law

[PookieAnn]

New York
I have a question about New York Law 30.30. If the prosecution does not indict a felony after 6 months HOW and WHEN does the case get dismissed?

In this particular case it has actually been 7 months with no indictment. I read somewhere that the Defense has to wait ONE YEAR to file a motion for dismissal.

Is that correct and if so, why so long?

 

[Zigner]

That would be a great question for the accused to ask their attorney.

 

[PookieAnn]

That is a true statement. And maybe they already did?

I do not know the accused. It's a person I read about in the paper from another town.

 

[Zigner]

That is a true statement. And maybe they already did?

I do not know the accused. It's a person I read about in the paper from another town.

There are several reasons why the time limit you referenced may not apply. Since you don't have the information required, there's no way you will get a valid answer.

 

[PookieAnn]

Hmm. I am asking in general...not this case specifically

I.e. How does a case get dismissed using the 30.30 speedy trial law?

Hard to find any info on-line

 

[Zigner]

Hmm. I am asking in general...not this case specifically

I.e. How does a case get dismissed using the 30.30 speedy trial law?

Hard to find any info on-line

It really depends on the specific facts in each case. There's no one-size-fits-all answer.

 

[zddoodah]

I have a question about New York Law 30.30. If the prosecution does not indict a felony after 6 months HOW and WHEN does the case get dismissed?

For starters, I assume you're talking about section 30.30 of the Criminal Procedure Law ("New York Law" encompasses a LOT of things).

That said, your question doesn't make sense. The prosecutor must indict or otherwise file charges before the expiration of the applicable statute of limitations. In the case of a felony, the SOL will be a year or many years (and some felonies have no statute of limitations).

If you're referring to the six month period in sub-section 1(a), that has nothing to do with indictment. That sub-section provides that, "[e]xcept as otherwise provided in subdivision three, a motion made pursuant to paragraph (e) of subdivision one of section 170.30 or paragraph (g) of subdivision one of section 210.20 must be granted where the people are not ready for trial within: (a) six months of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a felony."

In other words, if the defendant has been charged with at least one felony, and unless it is one of the particular felonies enumerated in sub-section 3(a) or the court has granted additional time or the defendant has waived time, the prosecution must be ready to go to trial within six months of the commencement of the action (whether by indictment or otherwise), or the defendant may make - and the court "must" grant - a motion to dismiss.

 

[PookieAnn]

Ahh.... Thanks
Yeah. Sorry I was unclear, I guess.
They were charged with two felonies and one misdemeanor and arraigned on June 27 of 2023.
There was some kind of plea deal being talked about ...but I guess more to the point....it was never taken/finalized, and December 27 has come and gone and no indictment.

Maybe I have it wrong and got my facts goofed up, but my understanding is that since the DA did not bring the case to a grand jury in the last 6 months (by December 27th) that the accused right to a speedy trial was violated?

My friend and I were arguing/guessing that this person might get the case dismissed somehow now.

 

[Litigator22]

New York
I have a question about New York Law 30.30. If the prosecution does not indict a felony after 6 months HOW and WHEN does the case get dismissed?

In this particular case it has actually been 7 months with no indictment. I read somewhere that the Defense has to wait ONE YEAR to file a motion for dismissal.

Is that correct and if so, why so long?

Contrary to what you may have read there is no NY codified time period during which the defendant must await before seeking dismissal of pending charges asserting the denial of the right to a speedy trial. (See: NY CPL Section 170.30 and 255.200)

Secondly, the 30-30 clock doesn't begin to tick until such time as a criminal action is said to have commenced, meaning by the filing of the initial accusatory instrument - either by grand jury indictment or prosecutorial information. Obviously (as here) one can't move to dismiss charges before they are filed.

Nor does NY CPL § 30.30 instruct as to when criminal charges may be lodged (by way of indictment or information) following the commission of a crime.

 

[Taxing Matters]

The NY public defender manual section on NY Criminal Procedure Law § 30.30 has a lot of good information in it that will help you understand how it works. You'll find the actual statute on the state legislature website here: NY CPL § 30.30. If the state has commenced a criminal action (e.g. filed an indictment against you) for a felony and the 6 months have elapsed, it's up to you to file the appropriate motion to dismiss with the court. If the state has not yet filed anything in court to commence prosecution then, as Litigator22 pointed out, the clock on § 30.30 hasn't even started to run.

 

[PookieAnn]

All this is a little over my head and confusing but thanks for the links. It is all interesting at the very least.

Here are the facts I DO KNOW
Person got taken into custody back in March. That started a 3-month investigation.
Then they got arrested in early June on 2 felonies and 1 misdemeanor

They got arraigned on June 27.
The DA never brought the case to Grand Jury. Still hasn't. Sounds to me like the clock started on June 27 and ran out 6 months later.
No grand jury, no indictment, no plea deal. Nothing. My interpretation of the SPEEDY TRIAL rule is that the DA has 6 months to take the case to get an indictment in a grand jury. That never happened. Seem like they just forgot about it or thought it wasnt important

 

[doucar]

No. the DA has 6 months after the indictment is brought or the information is filed to bring the case to trial.

 

[PookieAnn]

I must be reading this wrong then because this says the clock starts ticking at arraignment.

https://fastlawpc.com/what-is-30-30-time-and-how-is-it-calculated/

Oh well. Moving on. Thanks for everyone's answers. I wish I knew a lawyer to get the real answer.

 

[LdiJ]

I thought that an arraignment meant that charges were already filed? Not every case requires a grand jury.

 

[zddoodah]

They were charged with two felonies and one misdemeanor and arraigned on June 27 of 2023.

"They"? Are there multiple defendants?

There was some kind of plea deal being talked about ...but I guess more to the point....it was never taken/finalized, and December 27 has come and gone and no indictment.

Maybe I have it wrong and got my facts goofed up, but my understanding is that since the DA did not bring the case to a grand jury in the last 6 months (by December 27th) that the accused right to a speedy trial was violated?

It's impossible to reach an intelligent conclusion about this based on the limited information provided. As already explained, "if the defendant has been charged with at least one felony, and unless it is one of the particular felonies enumerated in sub-section 3(a) or the court has granted additional time or the defendant has waived time, the prosecution must be ready to go to trial within six months of the commencement of the action (whether by indictment or otherwise), or the defendant may make - and the court 'must' grant - a motion to dismiss."

You've clarified that the defendant(s) was/were charged with at least one felony, but we have no other relevant information (i.e., whether the crimes charged were any of the enumerated crimes, whether the court granted additional time, or whether the defendant waived time). Also, the defendant has to make a motion to dismiss.