“How long does a prosecutor have to be ready for trial for a class a misdemeanor in NY?”

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Under New York’s Criminal Procedure Law Section 30.30, generally, the Erie County District Attorney must be ready for trial, from the time of arraignment, as follows: (a) six months for a Felony; (b) ninety days for a Class A Misdemeanor; (c) sixty days for a Class B Misdemeanor; and (d) thirty days for a violation.

It is important to differentiate between the statute of limitations for criminal charges (the time the prosecutor may bring charges against you arising from an incident) and the time the prosecutor has to “declare trial readiness” (the time when the prosecution must be ready for trial which starts at arraignment).

It is also critical to keep in mind that not all time “counts” for the purposes of so called “30-30” time. For example, if the defense requests an adjournment or even during the 45 day period to file pre-trial motions, the “30-30 clock” does not run. The manner in which 30-30 time is calculated is quite complex and requires careful documentation.

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So, the easy answer to the question above (“how long does the Erie County District Attorney have to be ready for trail for a class a misdemeanor”) is ninety days. However, in practice, if the prosecution does violate CPL 30.30, it is very likely that more than ninety days actually passed, because the 30-30 clock does not always run.

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

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