Am I entitled to have this dismissed do to not getting a speedy trial. I went for counseling and completed a rehab program on my own. I attended the Beacon center. I do have a lawyer. I am curious as to how long the courts can keep postponing my case because they are waiting for blood test results
The court can keep adjourning BUT it sounds like you should have a basis for a speedy trial dismissal. Talk to your attorney about the particulars!
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
If you have a lawyer you should be discussing this with him/her. Lawyer here can't really second guess what's going on especially of we are not familiar with all of the facts and circumstances. Speedy trial on a felony can be up to 184 days and up to 90 days on a misdemeanor. There is most likely excludable time calculated in there on your case and I'm sure your attorney is keeping tabs on it. As I said talk to your lawyer.
Are you sure the "court" is waiting for the blood test result? Because courts usually do not get involved in receiving evidence except during a trial. Usually, the lawyers in the case ask for postponement, often because "discovery" or the exchange of evidence is incomplete. But if the State Lab cannot produce a blood analysis after a year, something is wrong.
I hesitate to second guess your lawyer, but in my cases, when I have a blood draw and no analysis reported, I shuffle that case so fast to trial that the prosecutor's head is spinning. Here in WA, the prosecutors often have to deal with a toxicology lab that is slow and unresponsive so I often get cases reduced to lesser charges and have gotten cases dismissed due to the non-disclosure of blood analyses in a timely manner.
Call your attorney and ask why he or she is giving the prosecution so much time to put their case together. Don't be accusatory, just ask. He or she might have a good reason/strategy for doing that.
This answer is my personal opinion, offered for informational purposes only. It is not a legal opinion, nor is it legal advice, nor does it create an attorney-client relationship with anyone reading it.
Speedy trial time on a misdemeanor is 90 days - I don't think there is anything in your question that indicates that it is a felony. That being said - there are numerous reasons why a particular postponement counts against those 90 days. Best to have the current attorney advise the client on how much speedy trial time has passed.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
Speak to your attorney to have him explain the delays. In most jurisdictions in NY, when charged with a DWI you are charged under two theories...one being that your BAC was greater than .08%, and the other based simply upon the officer's observations of you that he determined you were intoxicated based upon his training and experience. In your case, since the lab has not been returned, you are probably only charged with the latter right now. The People do not need the lab to proceed to trial on that charge, although admittedly their case is weaker without it. You should speak to your attorney who knows all of the facts of your case to discuss the delay and discuss whether or not the delay is in your best interests.
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