Understanding Your Right to a Speedy Trial in New York

If you’ve been arrested and charged with a crime in New York, you may have heard about your right to a speedy trial—but what does that actually mean? Many defendants are left waiting months, or even years, for their case to go to trial, which can disrupt their lives and put them in legal limbo.

At Vasiliou Law, based in Queens and serving all of New York, we understand how crucial it is for our clients to get through the legal process as quickly as possible. If you’re facing criminal charges, here’s what you need to know about your right to a speedy trial and how delays in your case could work in your favor.

Your right to a speedy trial is protected by both the U.S. Constitution (Sixth Amendment) and New York law (Criminal Procedure Law § 30.30). This right ensures that people accused of crimes aren’t left waiting indefinitely for their cases to be resolved. New York law places strict time limits on how long the prosecution has to bring a case to trial. If these limits are violated, your case could be dismissed.

Under CPL § 30.30, the time limits depend on the type of charge: Felony Cases – The prosecution must be ready for trial within 6 months of filing charges. Class A Misdemeanors (punishable by more than 3 months in jail) – The prosecution has 90 days to be ready for trial. Class B Misdemeanors (punishable by up to 3 months in jail) – The prosecution has 60 days to be trial-ready. Violations (non-criminal offenses like disorderly conduct) – The prosecution has 30 days to be ready for trial. If the prosecution fails to meet these deadlines, your attorney can file a motion to dismiss the case for a speedy trial violation.

Not all delays count against the prosecution. The court only counts the time when the prosecution is unready for trial. Some delays that are not counted include time spent on motions filed by the defense, court closures (such as during a pandemic or emergency), delays due to the defendant’s absence or failure to appear, and time spent negotiating a plea deal. However, if the prosecution continuously asks for adjournments without valid reasons, those delays may count against them.

If the prosecution exceeds the time limits set by CPL § 30.30, your attorney can file a motion to dismiss the charges. If granted, the case is completely dismissed, and you will not be prosecuted for the same charges again. At Vasiliou Law, we closely monitor the prosecution’s readiness and file motions to dismiss whenever a speedy trial violation occurs.

Yes, in some cases, defendants may waive their right to a speedy trial—but this decision should only be made after consulting with a lawyer. Waiving this right can allow more time to gather evidence and build a stronger defense, negotiate a favorable plea deal, or find new witnesses or forensic evidence. However, waiving your speedy trial rights can also mean longer delays, so it’s not always the best choice.

A skilled defense attorney is essential in making sure your rights are protected. At Vasiliou Law, we track speedy trial deadlines to ensure your case isn’t delayed unfairly, file motions to dismiss cases when the prosecution fails to meet its time limits, negotiate with prosecutors to resolve cases quickly and fairly, and advocate for bail reductions if delays are causing unnecessary jail time. If you’ve been charged with a crime and your case is taking too long, we may be able to get your charges dismissed based on a violation of your speedy trial rights.

If your case is dragging on longer than it should, you may have grounds to get it dismissed. At Vasiliou Law, we fight for clients in Queens, Brooklyn, Manhattan, The Bronx, Staten Island, and Nassau County to protect their rights and ensure they receive fair and timely legal proceedings. Call 347-967-6141 or visit www.svlawpartners.com for a confidential consultation today. Don’t let the system delay your justice—let us fight for you.