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Waiting three years for trial

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. 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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

  2. 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. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.

  3. 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 first. Good luck:)

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