Except as otherwise shown, any motion that’s been made has to be granted wherever the people aren’t ready for trial within the following circumstances:

  • Six months of the beginning of criminal action, where a defendant’s been accused of one or more offenses, at least one of which being a felony.
  • Ninety days of the beginning of criminal action, where a defendant’s been accused of one or more offenses, at least one of which being a misdemeanor that’s punishable by imprisonment of more than three months, none of which being a felony.
  • Sixty days of the beginning of criminal action, where the defendant’s been accused of one or more offenses, at least one of which being a misdemeanor that’s punishable by imprisonment of not more than three months, none of which being a crime punishable by imprisonment of more than three months.

When must a defendant be released under these provisions?

Except where a defendant’s been committed to the sheriff’s custody in a criminal action, he needs to be released on bail upon such conditions if the people aren’t ready for a trial for the crime within:

  • Ninety days from the beginning of his commitment to the sheriff’s custody in a crime where the defendant’s been accused of one or more offenses, at least one of which being a felony.
  • Thirty days from the beginning of his commitment to the sheriff’s custody in a crime where the defendant’s been accused of one or more offenses, at least one of which being a misdemeanor punishable by imprisonment of more than three months, none of which being a felony.
  • Fifteen days from the beginning of his commitment to the sheriff’s custody in a crime where the defendant’s been accused of one or more offenses, at least one of which being a misdemeanor punishable by imprisonment of not more than three months, none of which being a crime punishable by imprisonment of more than three months.

When can a motion be denied?

A motion made may be denied when the people aren’t ready for trial, if the people were ready for trial before the expiration of the specified period, or if their un-readiness was because of the unavailability of evidence for the people’s case, or when the DA has exercised due diligence to obtain the evidence and there are reasonable grounds to believe that said evidence will be available in a reasonable period of time.

Along with this, in computing the time during which the people must be ready for trial, the following periods have to be excluded:

  • A reasonable delay period that results from other proceedings, including proceedings for competency determination, as well as the period during which the defendant is incompetent to stand trial. Also, demand to produce, any request for bill of particulars, pre-trial motions, appeals, as well as a trial of other charges, and lastly the period during which these matters are under consideration by the court.
  • The delay period that results from continuance granted by the court at the request of the defendant or their counsel. The court has to grant such continuance only if it’s determined that postponement is in the interest of justice, taking into account of course the public interest. A defendant without counsel needs to not be deemed as to having consented to a continuance unless they’ve been advised by the court of their rights under these rules, as well as the effect of his consent.
  • The delay period that results from the absence or unavailability of the defendant. A defendant needs to be considered absent whenever his location is not known and he’s attempting to avoid apprehension or else prosecution, or if his location can’t be determined with due diligence. A defendant needs to be considered unavailable whenever his location’s known, but however his presence for trial can’t be obtained by due diligence.

So if you’re facing charges, or would like to make sure that you’re protected should charges ever be leveled against you, you can count on the years of experience that NYC criminal lawyers of Joseph Potashnik and Associates, PC offer, with an experience that’s sure to illuminate for you the complexities of New York state law without overwhelming you. At Joseph Potashnik and Associates, PC, the people always come first.