If your criminal lawyer buffalo ny does not accept the plea on your behalf with your consent, then he or she must complete the omnibus motion, file it with the local court, and serve it on the Prosecution within the relevant time periods.
Generally, unless your Criminal Defense Lawyer has good cause or the prosecution consents to extra time, he or she must file the omnibus motion within 45 days. However, it is prudent to complete the motion within 30 days because several discovery requests require filing and service within 30 days.
Finally, the Criminal Lawyer Buffalo NY must serve the Erie County District Attorney at least 8 days before the hearing on the motion. Even if the court clerk provides your Criminal Defense Lawyer with a court date which provides the Prosecution with less than 8 days to respond, the court may nevertheless rule the motion to be procedural defective. Therefore, it is vital for Criminal Attorneys in Buffalo Ny to strictly adhere to the time-limits.