Under New York law, a certificate of readiness, also known as an “at-issue memorandum,” means simply the other side claims it is read for the case to be set for trial. Criminal lawyers should analyze this issue with great care. If you were charged with a Class A Misdemeanor, then the DA must declare trial readiness within 90 days. Depending on the type of crime, the time-limit varies. For instance, if you are charged with a felony, the time limit is six months.
Criminal lawyer buffalo ny must also consider whether the accused waived his or her speedy trial rights. Sometimes, public defenders will do this in an attempt to secure a better plea deal.
Perhaps the most complicated aspect of so called “30-30 time” is whether the time is attributable to the prosecution or the defense. To provide one example, where the defense clearly consents to an adjournment, it is likely the time from the adjournment to the next court date will not be attributable to the DA. This basically means, if the charge is a Class A Misdemeanor, this time does not count under the 90 day window.