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What is the time prescribed for a speedy trial for a felony case in New York?

The right to a speedy trial applies to all New York criminal charges including, but not limited to, traffic tickets and misdemeanors. According to CPL 30.30, the prosecution must be ready to try a felony within 6 months.

What is the speedy trial clock?

SPEEDY TRIAL ACT OF 1974 - DEFINING THE SIXTH AMENDMENT RIGHT. THE SPEEDY TRIAL ACT OF 1974 MANDATES THAT, BY 1980, THE PERIOD OF DELAY IN ALL FEDERAL AND DISTRICT COURTS SHALL NOT EXCEED 100 DAYS, SUBJECT TO A VARIETY OF EXCLUDABLE PERIODS OF DELAY.

Is a speedy trial a good thing?

One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent. If the defendant is denied bail or cannot pay the bail amount, they will remain in jail until their trial date.

What is the time prescribed for a speedy trial for a felony case in New York?

The right to a speedy trial applies to all New York criminal charges including, but not limited to, traffic tickets and misdemeanors. According to CPL 30.30, the prosecution must be ready to try a felony within 6 months.

What happens after an indictment in New York?

After the indictment, the defendant is arraigned in the New York City Criminal Court. At this time, with the assistance of a defense attorney, the defendant may enter a plea of guilty or not guilty to the charges against him/her.

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What does indictment mean in New York?

When there's a felony charge, in New York State a person doesn't go to trial on a felony unless and until there's an indictment. Technically, what the indictment is just the formal felony charge that a defendant is going to trial on.

What is the statute of limitations in New York?

Statute of Limitations CaseTime SinceThe LawNew York City & New York State90 days to give notice; 1 year and 90 daysCPLR 217-AOther felonies5 yearsCrim. Proc. 30.10(2)(b)Other negligence resulting in personal injury3 years from date of accidentCPLR 214(5)Petty offense1 yearCrim. Proc. 30.10(2)(d)32 more rows • Aug 9, 2019

What is a speedy trial in simple terms?

Legal Definition of speedy trial : a trial conducted according to prevailing rules and procedures that takes place without unreasonable or undue delay or within a statutory period. Note: The right to a speedy trial is guaranteed to criminal defendants by the Sixth Amendment to the U.S. Constitution.

How Long Does NY State have to indict someone?

The Prosecutor has six months to indict a Defendant for a felony charge. if the Grand Jury indicts the defendant, then the felony case is on the trial track. Time lines and procedural guidelines must be followed by the court.

What is a speedy trial in NY?

This law sets time limits by which different types of criminal cases must commence. Specifically, New York's speedy trial law imposes the following requirements: For felonies (crimes that are punishable by more than one year in jail), the case must be ready for trial within six months.

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