Waiting three years for trial

Asked over 1 year ago - Pleasantville, NY

I received a traffic ticket three years ago and have been waiting for trial. I finally was sent notification. Can I ask for a dismissal?

Attorney answers (7)

  1. Eric Edward Rothstein

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes. You have a constitutional right to a speedy trial. The cases say that after 2 years the prosecution must explain the delay. However, most Judges require the moton to be made in writing and filed and served before the court date. If this is a defense you want to mount I suggest you retain a criminal defense lawyer.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Yefim Rubinov

    Contributor Level 17

    9

    Lawyers agree

    Answered . for sure

  3. Terri Beth Kalker

    Pro

    Contributor Level 15

    9

    Lawyers agree

    Answered . It is your right to ask. Does not mean the answer will be "yes".

  4. Daniel DeMaria

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . Yes, but it likely has to be done by way of a written motion filed before trial.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
  5. Michael J Palumbo

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . Absolutely.

  6. Zev Goldstein

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . Motion is dismiss.
    If they don't take your motion say you want a attorney and do not continue the trial.
    Which court was this?

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more
  7. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Get an attorney and file a Serna Motion!

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