If aressted and in 6 months nothing is done like a plea offer or trial date, will the charges be dropped? 7 Answers as of February 22, 2012
I was arrested 6 months ago, July 14, since that time I have reported to court every month for 6 months, the judge has not offered me a plea or has set a trial date. Being it has been over 6 months now should the charges get dropped?Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Impossible to answer without knowing further dertails such as the exact charges- felonies or misdemeanors, were there requests for adjournments by defense, by prosecutor etc.
Answer Applies to: New York
Replied: 2/22/2012
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
It depends on whether it's the prosecutor or the defense holding it up. The Criminal Procedure Law provides for a speedy trial with time limits under section 30.30. Depending on the charge (whether it's a misdemeanor or a felony) if the time has expired through no fault of the defendant, it can be dismissed on a motion by the defense.
Answer Applies to: New York
Replied: 2/20/2012
Law Office of Jared Altman | Jared Altman
No. It depends on who asked for the adjournments. Your lawyer should be keeping track of that.
Answer Applies to: New York
Replied: 2/20/2012
Law Offices of John Carney | John Carney
You have not given me enough information to advise you in this matter. You should ask your attorney if there is a CPL 30.30 issue regarding the speedy trial statute. The prosecutor has 6 months to be "ready for trial" on a felony and 90 days on a misdemeanor, less any time for motions or adjournments by the defense. I doubt that your charges will be dismissed due to speedy trial issues, but that is something you can discuss with your lawyer.
Answer Applies to: New York
Replied: 2/20/2012
Gonzalez Law Associates P.C. | Carlos Gonzalez
Not necessarily, the six month limit is not an actual calendar six months An is much more complicAted than that. Speak to your attorney regarding this issue, if you're unable to it might be time to hire an attorney.
Answer Applies to: New York
Replied: 2/17/2012
Bruce Plesser | Bruce Plesser
If your lawyer waived speedy trial restrictions the case is still active. If there was no affirmative renunciation by you or your lawyer to waive speedy trial, make a motion to dismiss.
Answer Applies to: Florida
Replied: 2/17/2012
Palumbo and Kosofsky | Michael Palumbo
You are very confused. First off, it is not the judge that makes offers but the prosecutor. You sound like you do not have a lawyer. If not you need one so call us. If so consult with your attorney on this question he knows your case and can give you a definitive answer.
Answer Applies to: New York
Replied: 2/17/2012
