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If the prosecution misses the applicable deadline under New York Criminal Procedure Law § 30.30, the court may dismiss the criminal charges, but dismissal is not automatic. Whether a case is dismissed depends on how much time is chargeable to the prosecution and whether the defense properly raises the issue.
When you are facing criminal charges in New York City, your speedy trial rights matter. New York law requires prosecutors to be ready for trial within specific time limits, and if those deadlines are exceeded without legal justification, you may be able to seek dismissal of the charges.
What Is the New York 30.30 Rule?
New York Criminal Procedure Law § 30.30 is commonly called the state’s speedy trial statute, but it actually measures whether prosecutors are ready for trial within specific time limits after a criminal action begins.
The applicable deadline depends on the most serious charge in the case:
- Felony: 6 months
- Class A misdemeanor: 90 days
- Class B misdemeanor: 60 days
- Violation: 30 days
These deadlines are subject to numerous exclusions, meaning not every day that passes counts against the prosecution.
Does Missing the Deadline Automatically Dismiss the Case?
No. A missed 30.30 deadline does not automatically end a criminal case.
Your defense attorney generally must file a motion asking the court to dismiss the charges. The court then determines whether the prosecution exceeded the allowable amount of chargeable time.
If the prosecution has used more chargeable time than the law permits, dismissal may be required. If enough time is excluded under the statute, however, the prosecution may still be considered timely even if many months have passed.
What Time Counts Against the Prosecution?
One of the most contested issues in a 30.30 motion is determining which delays are chargeable to the prosecution and which are excluded by law.
Examples of time that may count against the prosecution include:
- Delays caused by the prosecution’s lack of readiness for trial.
- Adjournments requested by the prosecution without a qualifying legal reason.
- Certain administrative or scheduling delays attributable to the prosecution.
By contrast, many delays may be excluded, including periods involving defense requests for adjournments, certain pretrial motions, competency proceedings, or other circumstances recognized by the statute.
Because every case has a unique procedural history, calculating chargeable time often requires a careful review of court appearances, adjournments, and filings.
How Does a Judge Decide a 30.30 Motion?
When deciding whether to dismiss a case, the court reviews the procedural record rather than simply counting calendar days.
The judge may consider:
- When the criminal action officially commenced.
- Each adjournment and the reason for it.
- Whether the prosecution validly declared readiness for trial.
- Which periods are legally excludable.
- The total amount of chargeable time attributable to the prosecution.
Once the defense makes an initial showing that the deadline may have expired, the prosecution generally must explain any disputed periods of delay.
Can the Charges Be Refiled After a 30.30 Dismissal?
It depends on the circumstances, but generally no.
In most cases, dismissal under CPL § 30.30 ends the prosecution for those charges. In other situations, prosecutors may have limited options to pursue different charges or proceed under different procedural circumstances if permitted by law.
Whether dismissal permanently ends the case depends on the charges and the reason for dismissal. An attorney can evaluate how the ruling applies to your specific case.
Why Does the 30.30 Rule Matter?
The 30.30 statute encourages prosecutors to move criminal cases forward without unnecessary delay. It also protects defendants from remaining in legal limbo while charges remain pending indefinitely.
A successful 30.30 motion may result in dismissal of the charges. Because these motions depend on detailed timeline calculations, even small differences in the procedural history can affect the outcome.
Protect Your Rights Before Time Runs Out
If you believe the prosecution has delayed your case beyond New York’s 30.30 deadline, do not assume the court will dismiss the charges on its own. We can review your case history, calculate the applicable time periods, and determine whether a motion to dismiss may be appropriate.
At The Fast Law Firm, we represent individuals facing criminal charges throughout New York City and work to identify every available defense. Contact us today to discuss your case and learn whether your speedy trial rights may have been violated.