Can the District Attorney file new charges after dismissing the original charges?

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Criminal Defense Lawyer in Buffalo New York

Please be advised, this is not legal advice. For a free consultation, contact a criminal lawyer buffalo ny or criminal lawyer buffalo ny today.

In New York, one of the most complicated areas of criminal law is computing the time-limits under New York’s Criminal Procedure Law 30.30.  Generally, in New York, the District Attorney must announce readiness for trail within 90 days after filing criminal charges classified as a Class A Misdemeanor. To be clear, the above question can become much more complicated with a few more additional facts and understanding the time the criminal charges are filed could have a major impact under the criminal law.

That being said, in answering the question based on the limited facts, under New York’s Criminal Procedure Law § 30.30, where the District Attorney in Buffalo files new criminal charges either through a superseding accusatory instrument or after first dismissing the initial criminal case, under the criminal law in New York, the filing date of the original criminal charges remains the commencement date for speedy trial purposes under New York’s Criminal Procedure Law § 30.30,

Applying this to the criminal case above, this means that once 90 days elapsed from the date the original criminal charges were filed, the District Attorney in Buffalo could not refile or file a superseding accusatory instrument. Again, there are situations where the facts change this conclusion. However, based on the limited facts above, this is one potential outcome.

If you are looking for lawyers in buffalo ny free consultation and facing criminal charges or in the middle of a criminal case, such as a dwi cases, contact a criminal lawyers buffalo ny,  buffalo dwi lawyer, or  criminal attorney buffalo ny

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