Waterloo, NY asked in Criminal Law and Civil Rights for New York

Q: I got arrested 132 days ago I've pled not guilty. How does the speedy trial law affect my case if at all?

all? Pled not guilty and I'm awaiting a motion date from my lawyer.

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1 Lawyer Answer
Stuart Austin
Stuart Austin
  • Criminal Law Lawyer
  • Mineola, NY
  • Licensed in New York

A: Speedy trial is only applicable when your attorney does not consent to adjournments and requests the ADA to take the time until the next court appearance. If your attorney has consented to any of the adjournments for strategic reasons these days would be excluded from the speedy trial calculation. Also, you mention a motion date. if the case is on for motions than that time is also excludable by statute.. In conclusion there are many time periods which will not be counted towards the speedy trial clock and you need to request the information from your attorney or the court.

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