Binghamton, NY asked in DUI / DWI for New York

Q: I live in new york and was charges with aggravated dui in may 2020 and have yet to be arrainged it was to be june 6 2020

The court postponed it, is there a time limit for the court to do so despite covid. it is being done virtually and on the phone at that court

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4 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Criminal Law Lawyer
  • Commack, NY
  • Licensed in New York

A: As long as you are not in custody, there is no speedy trial issue. You should contact a local attorney.

Richard Hochhauser
Richard Hochhauser
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Garden City, NY
  • Licensed in New York

A: Unfortunately, you are in a similar situation as hundreds of individuals, as nearly all cases since the beginning of COVID have yet to be arraigned. While the statutory speedy trial time has not begin to run under CPL 30.30, there is also a constitutional right to speedy trial. Having said that, given the pandemic circumstances, I do not see a court finding a constitutional speedy trial violation yet. If your case is still not arraigned in several months, you should contact a lawyer to see if you have a viable constitutional argument for a violation of speedy trial.

Michael Arbeit
Michael Arbeit
Answered
  • DUI & DWI Lawyer
  • Freeport, NY
  • Licensed in New York

A: What county is this pending at? Consult with an experienced criminal defense attorney for proper representation.

Luigi Vigliotti
Luigi Vigliotti
Answered
  • DUI & DWI Lawyer
  • Riverhead, NY
  • Licensed in New York

A: Due to the pandemic, the Court has the power to postpone cases. Once you're arraigned, speedy trial may be a mechanism by which you can obtain a favorable result. You should speak to an experienced attorney about your case. Good luck and be safe!

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