What Is Speedy Trial: 30.30 & 180.80

Under the United States Constitution, a defendant has a right to a speedy trial. This means what it sounds like – you have the right to go to trial within a certain time period after your arrest. If this right is violated by the government, your case must be dismissed. This right ensures that the government doesn’t sit on their hands when bringing a criminal case and protects a defendant from having a criminal charge pending against them forever without being found guilty.

In New York State, the law that controls this time period is C.P.L. § 30.30. It states that for misdemeanors, the government must be ready to go to trial within 90 days of a defendant’s arraignment. For felonies, this time period is extended to 6 months. However, determining whether you were denied a speedy trial is not as simple as counting 90 days or 6 months. There are many situations that exclude time from the speedy trial calculation. This is why it is possible for it to take years before a trial begins. The time it takes for writing motions and doing hearings does not count toward the 30.30 time.

There are additional time limits that the government must conform to that are called “release” provisions. These time periods are relevant only to incarcerated defendants. The spirit of these laws is that you should not be in jail pending trial without the government showing a certain amount of evidence against you. For felonies, you must be indicted by a grand jury within 6 days of your arrest or else let free. This law is enumerated under C.P.L. §180.80.

For the government to stop the speedy trial clock and be ready for trial on misdemeanors, they need to getting supporting depositions from all complainants. On felonies, the government needs to get a voted indictment. For both misdemeanors and felonies, the law now also requires the government to turn over to the defense all evidence in their possession in order to stop the speedy trial clock. Once the government conforms with these procedures, a case will be put over for motions or hearings or trial. However, it is not uncommon for the government to not be ready for a hearing or trial on the date the court set. If this happens, the speedy trial clock starts running again until the government announces they are ready.

Fighting a criminal case through trial is exhausting and could take years. However, being patient and understanding your rights under the Constitution could result in your case being outright dismissed for the failure of a speedy trial.