Understanding New York’s Speedy Trial Rules: Your Rights and What Delays Mean

In New York, defendants have the right to a speedy trial to prevent prolonged delays in resolving criminal cases. Under Criminal Procedure Law Section 30.30, the prosecution must be “ready for trial” within:

• 90 Days for misdemeanors.
• 6 Months for felonies.
• 30 Days for violations punishable by less than 15 days.

However, not all delays count toward these time limits. Delays caused by the defense—such as motions or requests for more time—don’t count against the prosecution. In contrast, delays caused by the prosecution, like failing to produce evidence or witnesses on time, may violate your right to a speedy trial.

If these limits are exceeded, your attorney can file a motion to dismiss the charges. Dismissals can occur if the prosecution fails to meet its obligations. On the other hand, some delays may benefit the defense, giving time to gather evidence or negotiate a better plea deal.

Protecting your speedy trial rights requires tracking deadlines and identifying violations. At SMC Law Firm, we ensure the prosecution is held accountable for unnecessary delays. Contact us today for a consultation.