Time can be a critical factor in determining a case’s outcome in criminal defense. Delays in the legal process not only prolong uncertainty for the defendant but can also violate their right to a speedy trial — a right enshrined in New York Criminal Procedure Law to prevent prolonged prosecution. 

Criminal defense attorney Peter Brill of the Brill Legal Group recently represented a client in New York County Court, where the judge had to decide whether the prosecution could revive charges against the defendant after a lengthy delay. Should the prosecution be allowed to re-present charges to a new Grand Jury after an initial indictment was dismissed? The case highlights the legal complexities of ensuring the defendant’s right to a speedy trial is protected.

Background of the Case

The court initially dismissed the indictment against the defendant in August 2023 based on two key issues. First, the judge found that the evidence presented by the prosecution to support the first count of the indictment was insufficient. 

Second, the judge ruled that the Grand Jury proceedings related to the second count were defective. This defect could have been due to various reasons, such as improper instructions given to the jury or procedural errors during the presentation of evidence. Because of these issues, the judge decided the indictment could not stand, leading to its dismissal.

After the dismissal, the prosecution was not ready to give up. They filed a motion requesting the court’s permission to bring the case before a new Grand Jury. However, this request was made in February 2024, several months after the original indictment was dismissed. Additionally, the defense did not receive the notice regarding the motion until April 2024. The prosecution also sought to change the indictment to match the evidence presented to the Grand Jury.

The defense argued that prosecution of the matter was barred due to speedy trial laws. The prosecution countered that the time for a speedy trial motion had passed and that any time counted toward the speedy trial requirement should be paused following the September 2023 filing of a notice of appeal.

New York Speedy Trial Laws

Brill, representing the defendant, argued that too much time had already passed, making it unfair to reintroduce the case. Under New York law, a defendant has the right to a speedy trial, which means the prosecution must proceed with their case within a specific timeframe. If they fail to do so, the case can be dismissed.

New York’s Criminal Procedure Law Section 30.30 specifies time limits for when a trial must begin, based on the seriousness of the charges against the accused. Felony cases have a six-month deadline from the commencement of the action, while Class A misdemeanor cases must be ready for trial within 90 days. If the prosecution does not adhere to the deadlines, the defendant’s attorney can move to get the charges dismissed.

In this case, 234 days had elapsed between the judge’s dismissal of the indictment and the prosecution’s request to re-present the charges. The extended delay should bar the prosecution from taking any further action. The prosecution had contributed to the delay by failing to take timely actions, such as pursuing an appeal they had filed shortly after the indictment was dismissed.

After considering both sides, the court ultimately denied the prosecution’s motion to re-present the charges to a new Grand Jury. The judge considered the lengthy delays and the prosecution’s failure to act promptly. The court also noted that the prosecution still had a pending appeal that they could pursue. The judge’s ruling reaffirmed that the legal system must balance the interests of justice with the rights of the accused and that excessive delays can undermine the fairness of the proceedings.

Brill Legal Group Protecting the Rights of the Accused

This case highlights the importance of having skilled legal representation in your corner when navigating the intricacies of the legal system. If you are facing criminal charges in New York, contact the Brill Legal Group. With extensive experience defending clients’ rights, New York criminal defense lawyer Peter Brill is equipped to handle complex cases and provide the defense you deserve.

If you have been accused of a crime, we want to ensure that you do not have the uncertainty of a pending criminal case hanging over your head. With our legal team fighting to protect your rights, you have the best chance of getting a swift and desirable resolution to your case.