I am wondering how NY state's 90 day time limit to bring a person to trial for a misdemeanor applies. Does it still apply if you have both a misdemeanor AND a felony charge pending? (the 2 are not for the same thing however both charges were received at the same time) Or do they have to bring the trial for the misdemeanor charge within 90 days no matter what-of course excepting any permissible waive or delay caused by the defendant such as not showing up or changing attorneys for example? If it is required that they bring trial within 90 days no matter what, and they exceed 90 days inexcusably, is that and that alone grounds for dismissal of the charge?

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Originally Posted by getlo

If it is required that they bring trial within 90 days no matter what, and they exceed 90 days inexcusably, is that and that alone grounds for dismissal of the charge?

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Hello g:

In a word, yes. You have a Constitutional right to a speedy trial. Individual jurisdictions are allowed to set the standards for what a speedy trial actually means.. But, if NY has determined that trials MUST occur within 90 days, then going over that time is a violation of your rights, and you SHOULD have the charges dismissed.

However, it doesn't sound like you have a lawyer, or if you do, he doesn't sound like he's very good. So, no matter WHAT the law says, if you don't aggressively seek your rights under the law, the state isn't going to help you.

excon

Thank you for the quick answer! I do have a lawyer but he's hard to get ahold of lately, I did pose this question to him last week and he has not got back to me and understandably I'm a bit anxious to get the answer! I'm sure he will get back to me eventually but I don't really want to harass him and look like a complete fool if what I'm asking isn't even valid anyway. The reason I'm asking is because I'm just not 100% clear on the specifics of the 90-day limit. I do know that there IS a 90 day max time limit on misdemeanors (some misdemeanors are required to be wrapped up even sooner than 90 days, however 90 days is the absolute max) BUT what I am not absolutely clear on is if one has a felony AND a misdemeanor does that change things. A felony is allowed 6 months, aside from permissible delays of course. If anyone can help with clearing up that part specifically I would appreciate it.

Hello again, g:

This is where I got the following information. It LOOKS like it applies to you...

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(b) ninety days of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than three months and none of which is a felony;
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In terms of MANAGING your lawyer, I think you need to DO that very thing. I don't mean to hassle him with needless BS, but a question like yours NEEDS an answer.

excon

Thanks again! See, I read the same thing as you I think! I tried to research it before I asked and I was unable to find an expanded or very clear definition. The part that gets me is where it says "none of which is a felony". What does that mean? That's what is getting me. And if the rules change if there is a felony involved, then what are the rules? It doesn't mention that!

Hello again, g:

This is where an aggressive lawyer comes into play. It's my view, that MOST law is written in such a way, that more than one interpretation can be made of it. When I read law, the first time through, I get ONE interpretation, only to get a second and even a third every time I read a passage. Who's to say that the impression I got the first time through, wasn't the "correct" one?

An aggressive lawyer would make a motion for dismissal EVEN if he thought it might fail - because, in fact, it might SUCCEED. Most PD's however, don't have the time to devote to each case. I don't know if you paid your lawyer.. Nonetheless, lawyers, like ANY businessperson, grease the squeaky wheel. You should BE a squeaky wheel. Your freedom is at stake.

excon

Excellent points made and I will take your advice and start squeakin! Thanks a lot!