Statute of Limitations

Criminal matters in New York State are governed by a statute of limitations.  The time within which a criminal action may be brought is the statute of limitations.  Most of the time the statute of limitations refers to the time allowed to bring a civil action however, the similar legal theory also applies to the prosecution of a criminal offense. 

Generally the more serious the crime the longer the prosecution has to bring the charges.  In the case of Class A felonies, such as Murder, there is no limitation on when the action may be commenced.

STATUTE OF LIMITATIONS

• Class A Felony — No time limit, CPL 30.10(2)(a)
• Other Felonies — 5 years, CPL 30.10(2)(b)
• Misdemeanor — 2 years, CPL 30.10(2)(c)
• Violations — 1 year, CPL 30.10(2)(d)

Generally after a crime is committed charges must be filed within the above time frames. CPL 1.20(17)

Speedy Trial

Usually in a criminal matter charges are filed with the Court almost immediately.  However, an accused has a right to a speedy trial once the charges are filed with the Court.  The United States Constitution (6th Amendment) and by law in New York State require a speedy trial.  The laws governing speedy trial are some of the most complex in all criminal law however this overview should give you a good understanding of the speedy trial laws in New York State. 

These laws are litigated in every county including Westchester County, Orange County, Putnam, Rockland and Dutchess County.  In local criminal courts such as White Plains City Court, County Court, Yonkers, Greenburgh, Bedford, North Castle, Mount Vernon, Newburgh, Goshen, New Windsor, Southeast, Kent and other similar Courts all keep records of speedy trial time.   

The right to a speedy trial is broken down into two areas a Constitutional Speedy Trial Right and a Statutory Speedy Trial Right.

Constitutional Speedy Trial

The constitutional speedy trial looks to the length of time between the commencement of the action against the defendant and the commencement of trial.  A due process argument may be made if an inordinate amount of delay has occurred between stages in a criminal matter such as between commission of the offense and arrest.  This applies to all offenses.

To usually obtain dismissal of a criminal matter on constitutional speedy trial grounds in New York State any argument must include a showing that the accused has been prejudiced by the prosecutions failure to prosecute the charge in question.  If the delay is significant (usually a number of years) prejudice need not be shown unless there was justification for the delay (People v Guzman, 227 AD2d 219).

The Court will consider five factors to determine dismissal on Constitional speedy trial grounds.  Those factors include:

1. The length of the delay
2. The reason for the delay
3. The degree of actual prejudice to the defendant
4.  The seriousness of the underlying charge
5. the extent of any pretrial incarceration

See, People v Taranovich 37 NY2d 442 and People v Vernace 96 NY 2d 886

Statutory Speedy Trial under CPL 30.30

CPL 30.30 the speedy trial statute requires the People announce their readiness for trial within a certain amount of time after the action has been commenced against the defendant.  The important dates are the date of the commencement of the action and the date on which the prosecution announces readiness for trial.

The trial does not actually have to begin but if the people do not or can not announce readiness the case will be dismissed as a violation of the statutory speedy trial law.

CPL 30.30 —  Time restrictions

• Felony — 6 months
• A Misdemeanor — 90 Days
• B Misdemeanor — 60 Days
• Violation — 30 days
• Traffic Infraction — N/A

There are excludable periods of time that will stop the speedy trial clock and the prosecution will not be charged with the delay.  Some of the excludable time includes:

• Reasonable period of delay attributable to other proceedingsconcerning the defendant such as a competency proceeding, demands to produce, pre-trial motions, appeals. 
• Adjournments at the request of the defendant or consented to by the defendant.

• The defendant is absent or unavailable, such as a bench warrant or in jail in another jurisdiction.

• Time that the defendant is without counsel.

The Best Speedy Trial Defense

The best speedy trial defense involves a calculation of time starting with the date of the alleged crime itself and determining what time is chargeable to the prosecution as a violation of either statutory or due process rights.

Some cases may be dismissed in court others require a written motion.  A clear understanding of the various time periods is required.

During a trial the government needs to prove each and every element of a crime.  In cases such as petit larceny, assault, weapons possession, driving with a suspended license (AUO) (511(1)(a)) and other similar crimes a lab report is not needed.  But in cases such as DWI, DWAI, DWAI drugs and drug cases such as criminal possession of a controlled substance and criminal sale of a controlled substance a lab report will be  needed to be introduced at sometime during the trial.

District Attorneys have relied on certified records to introduce certain lab reports in DWI, DWAI, DWAI drugs and other drug cases instead of having the actual lab analyst testify.  This seems to be changing with the most recent US Supreme Court case as outlined below.

Lab Reports at Trial in DWI, DWAI, DWAI Drug  and Drug Cases

At trial for an offense involving any Laboratory Report (usually a drug, DWI or gun charge case) the confrontation clause of the sixth amendment requires a criminal accused to be confronted with the testimony of lab analysts.

The United States Supreme Court in Melendez-Diaz v Massachusetts, 129 S Ct 2527, held that a lab analyst’s certificate is testimonial and can not be admitted unless the analyst was unavailable to testify at trial and the accused had a prior opportunity to cross-examine the analyst.

DWI Blood/Breath Test Lab Reports

In Nassau County after a DWI trial the court sustained the defendant’s objection to the admission of the calibration log of the breathalyzer machine used to test his blood alcohol level as a certified business record and required the prosecution to present live testimony from the lab technicians who preformed the calibration.

The Best Criminal Defense

The best criminal defense is one that holds the government to their burden on each and every element of the crime.  This is especially true of DWI, DWAI, DWAI Drug and other Controlled Substance cases where a lab report is necessary.  In Westchester, Rockland, Bronx, Orange, Putnam and Dutchess counties the government will have their own report usually from the County Department of Lab and Research.  These lab reports must be attacked for their accuracy.  This additional requirement that the government bring the actual analyst into court is helpful to the experienced criminal defense attorney and the accused since it opens the door to in depth cross examination.

White Plains City Court Criminal Defense 

In the City Court of White Plains there has been an increase use by the department of labs and research in Westchester County of “preliminary” lab reports to support DWI, DWAI, DWAI Drug and other drug charges.  These lab reports are the very reports that need to be scrutinized for their accuracy and demanding the actual lab analyst to testify will help any criminal defense.

Southeast DWI Criminal Defense

Likewise, for any criminal defense for a DWI, DWAI, DWAI drug charge in busy DWI courts such as the Town of Southeast in Putnam County (Brewster).  These lab reports must be scrutinized as they usually are the prosecutions strongest form of evidence.

In New York State if a motorist is involved in an automobile accident and does not report that accident it can open the motorist up to criminal prosecution.  There are two very different types of charges under the Vehicle and Traffic Law for leaving the scene of an accident without reporting.  As white plains felony charges lawyers and traffic violations attorneys we want you to know the different classes of offenses and potential sentences for each.

Leaving the scene of a PROPERTY damage accident without reporting

VTL 600(1) provides that ” Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to the real property or to the personal property … due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license and insurance identification card for such vehicle, … and give his or her name, residence, including street and number, insurance carrier … and license number to the party sustaining damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.”

A violation of VTL 600(1)(a) is a traffic infraction punishable by :

1. A fine of up to $250;

2. Up to 15 days in jail; or

3. Both

Leaving the scene of a PERSONAL INJURY accident without reporting

VTL 600(2)(a)  “Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification … to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then he or she shall report said incident as soon as physically able to the nearest police station or judicial officer.”

The level of the offense and the punishment depends upon if the mororist has ever committed this crime in the past and also the level of injury or death of the party.  Leaving the scene of a Personal Injury Accident is a CRIME and ranges from a class “B” misdemeanor to a class “D” felony.  The Sentences for Misdemeanors and felony range from fines, probation to jail.

Leaving the scene of a PERSONAL INJURY accident is a fingerprintable offense and a crime.  Any conviction will result in a license revocation and the motorist will not be permitted to obtain a conditional license.

In any criminal defense its important to know the classes of misdemeanors and the types of misdemeanor crimes including felonies.  Here in this case leaving the scene of a property damage accident is a noncriminal offense while leaving the scene of a personal injury accident is a crime.

If you have any questions how these charges are defended or how they relate to other charges such as driving while intoxicated (DWI) or driving while ability impaired (DWAI) contact my office for a free consultation.

Illegal Police Search

In Westchester County Court (White Plains) a handgun was suppressed with the consent of the District Attorney due to an admitted illegal search of an automobile by the Rye City Police Department.  The two felony charges for possession of a weapon were dismissed after indictment.

Rye City Police Search of a Vehicle

In the City of Rye a motorist was stopped for making an illegal right turn on a red light (traffic infraction).  After the vehicle was stopped the driver was found to have a suspended driver’s license (VTL 511) and asked to exit the vehicle.  The driver was handcuffed, placed under arrest and seated in the rear of the officer’s police vehicle.  After the arrest the officer began the search of the client’s vehicle and discovered a gym bag next to the driver’s seat.  The officer opened the bag and found gym clothes and a loaded, defaced, handgun wrapped in a sweatshirt.  The defendant was arrested for Criminal Possession of a Weapon and Aggravated Unlicensed Operation of a Motor Vehicle (VTL 511).

The Illegal Search

After an investigation by criminal defense trial attorney, Andrew Proto it was determined that the police had no reasonable cause to search the vehicle.  There could be no safety concerns for the officer since the client was handcuffed in the back of the police vehicle.  The District Attorney claimed that the officer was simply inventorying the contents of the vehicle as the vehicle was about to be impounded and no illegal search was conducted.  However, the officer admitted that he had not searched the bag pursuant to an inventory search but for officer safety.

Motion to Dismiss the Criminal Possession of a Weapon Charge and to Suppress the Handgun

In the United States Supreme Court case of Arizona v Gant _ US_, WL 1045962 (2009), the Supreme Court overturned the search of defendant Gant’s car after he was arrested for driving with a suspended license, handcuffed and secured in the back of a police car.  Criminal Defense trial attorney Andrew Proto, argued the Rye City Case had the same facts as in Gant and any inventory search by the Rye City Police Department was an after thought by the police once the handgun was discovered. 

Suppression

Once the gun was suppressed on consent of the District Attorney the client was no longer facing a minimum five year sentence in state prison.  The best criminal defense is to aggressively defend serious charges such as criminal possession of a weapon and look for any violation of one’s constitutional rights.

The criminal defense trial attorneys at Riebling, Proto & Sachs, LLP regularly appear in the Courts of Westchester, Orange, Putnam, Dutchess and Rockland Counties.  If you or someone you know is facing a serious charge contact our office.  We look to every defense possible and pursue the best criminal defense to protect your rights.  We are always available for a FREE Consultation.