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Can a misdemeanor trial be put on hold (stayed) pending an appeal of a 30.30 motion.

Bronx, NY |

The case was scheduled for trial (jury selection to commence today), but the judge has made a vailed threat to incarcerate me if the jury finds me guilty. I do not want to risk going to jail for a crime that I did not commit, but clearly the judge isn't playing fair. Instead of proceeding to trial and risking going to jail today, I would like to know if my best option would be to request an appeal of the 30.30 motion, so that I can be prepared for the outcome of the trial in the event that the appeal is denied. I must state that I am not guilty and can prove so, but need to know what my best option is. Thank You

Attorney Answers 2


There are no interlocuatorry appeals in a criminal case. You cannot appeal until after you get convicted (if you get convicted).

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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I won this case, thanks.


You state the judge "isn't playing fair." A criminal prosecution is inherently unfair and coercive. The People have many more resources at their disposal.

I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.

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