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What is the Speedy Trial Clock?

The Speedy Trial Clock is a legal tool established to safeguard a defendant’s right to a prompt trial by preventing excessive delays in prosecuting a criminal case. This clock begins when formal charges are filed against a defendant, which in New York occurs at arraignment. The Speedy trial Clock imposes strict deadlines by which the state must begin the trial. If the state does not start the trial within this specified period, the defendant has the right to request the dismissal of the charges.

The idea stems from the Sixth Amendment of the U.S. Constitution, which assures anyone accused of a crime the right to a “speedy and public trial.” The definition of what qualifies as “speedy” may differ across jurisdictions but is typically outlined by statutory law at both federal and state levels.

In New York, the rules for the Speedy Trial Clock are set by the New York Criminal Procedure Law, specifically CPL § 30.20 and CPL § 30.30. CPL § 30.30, commonly known as the “ready rule,” requires that the prosecution must be ready to go to trial within six months from the initiation of a criminal action involving a felony charge. For instance, in the case of People v. Vernon, 2023 N.Y. Slip Op. 23073 (N.Y. Crim. Ct. 2023), the prosecution failed to meet the six-month speedy trial requirement, leading to the dismissal of charges against the defendant and the sealing of his case.

For misdemeanors, the requirement typically is 90 days, depending on the seriousness of the charge.  The Speedy Trial Clock plays a crucial role in ensuring cases are managed efficiently and without undue or intentional delay, thus protecting the defendant’s right to a fair trial within a reasonable timeframe. It also aids in the effective use of court resources by promoting the timely resolution of criminal cases.

Defend Your Rights Today

Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential. 

We understand the stress and anxiety that can come with facing criminal charges.

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