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After how much time does a successful motion to dismiss on speedy trial grounds seem inevitable?

New York, NY |

Case is a DWI arrest in NYS. 30 months have passed since I was arraigned, We have never asked for a continuance and at each pre trial conference they just reset while we always maintained our desire for a Jury Trial. There have been 5 or 6 PTC in the 2.5 year time period

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Attorney answers 1


I don’t know if your case is a felony or a misdemeanor but 30 months does seem like a long time. On a felony charge the DA must be ready within (a maximum of) 184 days aka 6 months. On the misdemeanor its 90 days. But these times are NOT counted consecutively. If there has been a delay that has not been caused by the DA (i.e. Court adjournments, defense adjournments, motions, or if the defense consented to and/or waived the time) that would stop the clock and toll the time. You should speak with your attorney and verify exactly what has been going on at these pre trial conferences.