Why am I Still Going to Court After Months? My Case Should Be Dismissed!

One of the most frustrating things about being a criminal defendant in New York, especially in New York City, is the amount of times you actually have to go to court to finish your case. The Criminal Procedure Law section 30.30 gives prosecutors 90 days to prosecute misdemeanors and six moths to prosecute most felony cases. The first thing a defendant must understand is that this is not actual calendar time. This time frame mandates that the prosecution must be ready within this amount of time.

Example Case

For example if your case is on for trial and you and your attorney show up to court and the prosecutor states that he is not ready and asks for two weeks to be ready, these two weeks count against him.  The fact that the case is then adjourned for six weeks has no bearing on the "30.30" time. This is the simplest example. The case law surrounding this section of the Criminal Procedure is vast and complex. The technicalities of this law allow for low-level cases to drag on for years.

Defending Yourself from Drawn Out Cases

The best defense against this sort of gamesmanship by the prosecution, is to have an aggressive, experienced criminal defense attorney on your side to make sure your rights are protected. The Law Offices of Michael S. Discioarro has handled thousands of criminal cases and works tirelessly to protect your right. The office can be reached by calling 917-519-8417 or visiting WWW.MSDLAWFIRM.COM