All New Yorkers are guaranteed the right to a speedy trial both by the United States Constitution under the Sixth Amendment and by New York Criminal Procedure Law (CPL) § 30.30 (also known as the “Ready Rule”). Sometimes, however, the specific meaning of “speedy” may not always be concrete.
Much of the defining characteristics of a speedy trial were established during Barker v. Wingo, 407 U.S. 514 (1972), when the U.S. Supreme Court ruled that “a defendant’s constitutional right to a speedy trial cannot be established by any inflexible rule, but can be determined only on an ad hoc balancing basis in which the conduct of the prosecution and that of the defendant are weighed.” The ruling also stated that the court should consider other factors such as “the length of and reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant.” Any New Yorker who believes they may have had their constitutional rights to a speedy trial violated may want to consider getting in touch with The Law Office Of Benjamin Greenwald (845) 567-4820 to explore their legal options.
Understanding The Right to a Speedy Trial
The right to a speedy trial is deeply rooted in both U.S. history and New York law. It exists to protect defendants from government abuse, prevent long pretrial imprisonment, and preserve the fairness of trials. Without these rights, those accused of crimes could spend months in jail with no clear end in sight, not knowing when or if they will ever be released. The right to a speedy trial dates back to the Magna Carta (1215) and was reaffirmed in the English Bill of Rights (1689), both of which greatly influenced how the American Constitution was designed.
Some of the most common reasons for violations of speedy trials are as follows:
- Shortage of Judges and Courtrooms – Especially in big jurisdictions like New York City, the sheer volume of cases creates calendar congestion. Cases can be dismissed to prevent further backlog.
- Discovery Delays – In New York, since 2020, prosecutors must turn over broad discovery before they can declare “ready.” If they miss deadlines, their statement of readiness is “illusory.”
- Problems With Evidence and Witnesses – Trials may be delayed because of uncooperative or missing witnesses. Sometimes, police officers acting as witnesses may retire, relocate, or fail to appear.
A speedy trial violation may influence the legal details of a criminal appeal.
Has My Right To a Speedy Trial Been Violated During the Appellate Process?
The speedy trial statute in New York measures the accused’s readiness against the statutory periods, which are usually six months for felonies, 90 days for misdemeanors, and shorter periods for violations/infractions, and excludes certain categories of time.
CPL 30.30(4) lists mandatory categories of excluded time, such as defense-requested adjournments, competency proceedings, defendant unavailability, and certain pretrial motions. Anyone accused of a crime bears the burden of proving any exclusions once they establish prima facie excess delay. A speedy trial claim can arise both before trial (CPL 30.30 in New York) or as a constitutional claim during or after trial (6th Amendment, Barker v. Wingo test). By the time the accused is in the appellate process, the key question is whether or not the trial court (or prosecution) blew the deadlines or caused an unjustified delay that should result in a dismissal.
Consider contacting The Law Office Of Benjamin Greenwald to determine whether your right to a speedy trial has been violated.
Potential Options for Defendants Who Have Had Their Right to a Speedy Trial Violated
Under CPL 30.30 in New York, the remedy of a speedy trial violation is a dismissal of the case without prejudice, which essentially means that the case cannot be refiled. Here are some of the potential legal routes that defendants and their attorneys could explore.
- Direct Appeal – If the trial court denied a motion to dismiss for a speedy trial violation, the defendant can raise it on appeal. If the appellate court agrees, the conviction is reversed and the indictment is dismissed, and the prosecution cannot retry the case. Dismissal is with prejudice, meaning the case is over permanently.
- Motion To Vacate Judgment – If the issue was not preserved at trial or on direct appeal, the defendant may file a post-conviction motion arguing a constitutional speedy trial violation. This is especially useful if new facts have emerged that strengthen the defendant’s case.
- CPL § 30.30 (“Ready Rule”) – If the prosecution fails to be ready within the statutory timeframe – for example, 90 days for a misdemeanor or 6 months for a felony – the defense can seek dismissal.
- Federal Habeas Corpus – After exhausting state remedies, a New Yorker can petition the federal court claiming a Sixth Amendment speedy trial violation. This is when the Barker v. Wingo test may come into play.
There are many legal options that may be available to those experiencing a speedy trial violation.
The 2020 Criminal Discovery Reforms in New York (CPL 245)
According to a report from the New York City Bar, dismissals for CPL § 30.30 violations have risen since the 2020 discovery reforms, because prosecutors struggle to turn over evidence fast enough. However, the Bar says that while dismissals for speedy trial violations have gone up, the numbers show that this mostly only applies to misdemeanors and low-level offenses. Serious felonies, on the other hand, have not seen an increase in dismissals due to speedy trial violations.
Before CPL 245, defendants in New York were given less access to the discovery process than almost any other state, and were sometimes forced to make difficult choices on plea offers despite not knowing what evidence was being used against them.
Learn How An Experienced Lawyer Can Help You Navigate A Speedy Trial Violation In The Appellate Process
Defendants who believe that their appellate process is being unfairly delayed or prolonged may have grounds for a case dismissal under both Constitutional and State law. A seasoned criminal appeals lawyer experienced in the New York appellate process is key to defending one’s rights to a speedy trial. For those who may have had their rights to a speedy trial violated, speaking with a firm experienced in the appellate process, like The Law Office Of Benjamin Greenwald at (845) 567-4820, may be beneficial.
