In New York, every criminal case has a Speedy Trial clock. Speedy Trial refers to the N.Y. Crim. Proc. Law § 30.30, which says that prosecutors must announce their readiness for trial within:

• 30 days of the commencement of an action on violation-level offenses (traffic tickets),
• 60 days of the commencement of a criminal action on B misdemeanors,
• 90 days of the commencement of a criminal action on unclassified or A misdemeanors, and within
• 6 months of arraignment on felonies.

If the prosecution fails to make a valid announcement of readiness for trial, the case becomes "Speedy Trial dead," and the court must dismiss it. Sounds simple, right? Wrong. There are rules and exceptions, so let's talk about them.

When does the Speedy Trial clock start running?

The Speedy Trial clock begins when a defendant first appears in court to answer the charges against them. This is different from arraignment. For example, let us suppose a person is charged with DWI and the ticket directs them to appear in court on June 1st. Then let us suppose that the person goes to court on June 1st, but the court does not have them on the docket for some unknown reason. For the purpose of calculating Speedy Trial time, the defendant's first appearance in court is when the clock starts running, even if they were not arraigned when they appeared. People v. Stirrup, 91 N.Y.2d 434, 438 (N.Y. 1998).

What does a prosecutor have to do to stop the Speedy Trial clock?

To stop the speedy trial clock, a prosecutor must certify that they have complied with their discovery obligations under N.Y. Crim. Proc. Law Article 245, and then announce that they are ready for trial. If prosecutors announce readiness for trial before they turn over all the evidence in their possession, the announcement is illusory and invalid.

Can a defendant stop the Speedy Trial clock?

Yes, a defendant can stop the Speedy Trial clock. If the defense requests an adjournment, it stops the Speedy Trial clock. A defendant can also "waive time" or ask that "time be chargeable to the defense." Doing any of those things stops the Speedy Trial clock from ticking, even if the prosecution is not ready for trial.

This is not always bad. There are cases in which a defense attorney and prosecutor are working together in good faith to resolve a charge. The defense may choose to waive Speedy Trial time so that the prosecutor isn't pressured into moving the case forward. Relieving that pressure may give the defense additional time to gather materials or evidence favorable to the defendant.

What happens if the Speedy Trial clock runs out?

Let us suppose that you are charged with DWI, but the prosecution does not make a valid announcement of readiness for trial within 90 days. Instead, they miss the deadline by just one day, and they announce readiness for trial on day 91. What happens?

It doesn't matter if the prosecution misses the Speedy Trial deadline by one day or one year- the outcome is the same, and that outcome must be dismissal of the case. The defense must file a written motion requesting a Speedy Trial dismissal, and if more than 90 days have passed since the defendant first appeared in court to answer the charges, the court must dismiss the entire case.

What next?

If you are arrested for DWI, call me. I have excellent client reviews, upfront pricing and an outstanding track record of winning at trial. Call today for a free phone conversation. (585) 485-0025.