What happens if the speedy trial runs out and the defendant still has not been tried,and can it b waived in the state of n.y.?

Asked over 3 years ago - Bronx, NY

this is someone who has been in local jail for sixth months. how can he insure that he wil have a speedy trial and has the time run out ? can it be waived?

Attorney answers (2)

  1. George Peter Conway

    Contributor Level 17

    Answered . In my opinion, the defendant's attorney bears the primary responsibility of insuring that his client's right to a speedy trial is properly protected. A detailed review of the case would have to be performed to determine whether the defendant's right to a speedy trial has been denied and whether a motion should be made to dismiss the case pursuant to CPL 30.20 or 30.30. A defendant can waive his right to a speedy trial.

  2. Thomas Arthur Kenniff

    Contributor Level 14

    Answered . A defendant can, and often does, wind up waiving some speedy trial time. This is a very complex area of law. While speedy trial time on a felony is 6 months (90 days if the defendant is in jail) it is rare that the time will have run 6 months to the day after arrest. This is because the defendant will often consent to some adjournment time for purposes of plea negotiations, discovery or motions. To determine how much "chargeable time" has elapsed, requires a thorough review of the record of the proceedings to date.

    Should you have any further questions, please do not hesitate to contact me at anytime.

    Best, Tom Kenniff

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