Ask a Buffalo Criminal Attorney: What is an omnibus motion?


Andrew Tabashneck Attorney in Buffalo New York

Andrew Tabashneck attorney in Buffalo New York who specializes in Criminal Defense

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 the Criminal Lawyer Buffalo NY has good cause or the prosecution consents to extra time, under New York’s CPL 255.20, the omnibus motion must be filed 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.

On the other hand, there are several motions, often included in the omnibus motion, which, under New York’s CPL 210.20, are not subject to the 45 day rule. Specifically, a motion to dismiss based on jurisdictional defects, in the interests of justice (expires at the end of trial), and speedy trial have different time limits.

The motion to dismiss based on jurisdictional defects may be made anytime (including after the trial is over), a motion to dismiss in the interests of justice must be made before the trial ends, and a motion to dismiss based on speedy trial time must be made before trial or before a guilty plea.

Finally, the Criminal Lawyer Buffalo NY must serve the Prosecution at least 8 days before the hearing on the motion. Even if the court provides your Criminal Lawyer Buffalo Ny with a court date which provides the Prosecution with less than 8 days to respond, the court may nevertheless rule the emotion to be procedural defective. Therefore, it is vital for Criminal Attorneys Buffalo Ny to strictly adhere to the time-limits.

Buffalo Criminal Attorney must pay close attention to a number of important time limits. A motion filed even a day late, will very likely not be considered by the court.

It is not easy to understand the Criminal law in New York. For more questions, contact Andrew Tabashneck attorney for a free consultation.


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