“I was charged with a misdemeanor 91 days ago in Amherst town court and then yesterday the DA dismissed the original misdemeanor and filed a new charge based on the same events. Can she do this?”

Please be advised, this is not legal advice. For a free consultation, contact a criminal lawyer amherst 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 a Class A Misdemeanor. To be clear, the above question can become much more complicated with a few more additional facts and understanding what time is charged to the prosecution and defense can be a tricky process.

That being said, in answering the question based on the limited facts, under New York’s Criminal Procedure Law § 30.30, where the prosecution charges additional offenses either through a superseding accusatory instrument or after first dismissing the initial charges, the filing date of the original accusatory instrument remains the commencement date for speedy trial purposes.

Applying this to the case above, this means that once 90 days elapsed from the date the original accusatory instrument was filed, the District Attorney 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.

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

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