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.

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.

Television and Movies always portray police officers reading Miranda rights to persons under arrest or suspected of a crime. This is very dramatic but not a good portrayal of when and how the police must read a suspect their Miranda Rights.

The Miranda rights are as follows:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?”

The following case is a good example of the use of Miranda rights, when the are to be used and how they can protect someone under criminal investigation. It is important to note that one should never speak with the police and should contact a criminal defense lawyer immediately.

In People v Baggett, 57 AD3d 1093, the Court erred in denying the defendant’s motion to suppress written statements and an audio recording during which he admitted to committing certain crimes. The prosecution did not meet its initial burden of proving that the statements were voluntary. At the time the defendant made the first incriminating statement, a reasonable, innocent person would not have felt free to leave.

Around midnight, the police pulled over the car the defendant was riding in, even though no traffic violations were committed. The police asked the defendant to come with them to the station, and the driver was allowed to leave. The defendant was transported in a marked police car, but was not handcuffed. He waited in an interview room, and when questioning started the door was closed. The police told him the information they had, including an accusation against him by an associate. After he denied stealing anything, the questioning continued.

The police did not administrator Miranda warnings until the defendant finally admitted that he stole the bicycle.

The pre-Miranda questions were accusatory in nature, and intended to elicit an incriminating response. Although the other statements were made after the Miranda warnings, they were tainted by the prior admission and there was no significant break in the questioning.

The statements were suppressed.

At Riebling, Proto & Sachs, LLP our criminal defense trial attorneys want you to understand your rights and how to protect yourself, in a stressful situation, from police misconduct. Our advice to our clients is that it is never advisable to talk to the police without a criminal defense attorney. The police are looking for an accused to make an admission to a crime since it is easier to obtain a conviction with an admission.

In Westchester, Rockland, Orange, Putnam, Dutchess and Bronx Counties our criminal defense attorneys regularly appear in Court and conduct suppression hearings based upon statements made by an accused. Statements are very strong evidence of guilt and the best criminal defense must attack any statements made.

In certain circumstances the police DO NOT have to read you your rights so it is advisable NOT to make any statements at any time to the police. Immediately call our office for a FREE consultation.