If you have been arrested in New York, your case may depend on whether prosecutors meet strict deadlines to turn over evidence. Since 2019, state law has required early and complete disclosure of materials in nearly every criminal case. Those rules carried serious consequences for prosecutors who missed deadlines, including mandatory dismissal in many situations. In response to growing concerns, lawmakers recently approved changes aimed at reducing automatic dismissals tied to missed paperwork.

The 2025–2026 state budget includes updates to New York’s discovery rules. These revisions give judges more authority to assess missed deadlines and allow prosecutors additional time in limited circumstances. Legislators say the goal is to prevent otherwise valid cases from falling apart due to minor administrative delays. If you are facing charges, this makes it even more important to have a clear legal strategy from the beginning.

What Changed Under the FY26 Budget

Before the recent update, prosecutors had just 20 to 35 days after arraignment to hand over all discovery materials, depending on the charges. These included police reports, body camera footage, witness names, lab results, and other evidence. If prosecutors missed the deadline, judges were often required to dismiss the case entirely.

Under the revised rules, courts now have more authority to decide how to respond when deadlines are missed. Instead of mandatory dismissal, judges can evaluate the seriousness of the delay and whether it truly harmed the accused’s ability to prepare a defense. Prosecutors can also request short extensions if they can show that the delay was justified.

The goal of the change is not to remove your rights. It is to give judges the ability to weigh the facts before making a decision that ends a case based solely on missed paperwork.

Why New York Adjusted Its Discovery Laws

The discovery reform law, passed in 2019, was intended to fix a system that often left people accused of crimes in the dark. Before the reform, many individuals entered guilty pleas without ever seeing the full extent of the evidence against them. The changes required prosecutors to disclose key materials early in the case, which defense attorneys and civil rights advocates welcomed as a step toward greater fairness.

Despite the intent behind the law, prosecutors across New York found it challenging to meet the new deadlines. High-volume courts faced mounting pressure, and even cases with strong evidence were dismissed due to technical delays. In 2023, Manhattan District Attorney Alvin Bragg reported that over half of misdemeanor cases in his office were being ignored because of discovery timing issues. Other boroughs saw similar patterns. Judges had limited discretion and were required to dismiss cases when prosecutors failed to meet filing requirements on time.

The FY26 updates reflect a shift in approach. Lawmakers preserved early discovery access but gave judges more flexibility when handling missed deadlines. Courts can now weigh the seriousness of the delay and its impact on the accused before deciding whether dismissal is appropriate.

How Updated Discovery Rules Affect Your Criminal Case

If you are facing criminal charges in New York, these changes could influence the way your case unfolds. Prosecutors are still required to provide discovery within set timeframes. However, if they miss a deadline, courts now have the option to review the situation and decide how to proceed based on the specific facts of the case.

These revisions raise the stakes for early legal strategy. If discovery is late or incomplete, your attorney may still be able to file a motion to dismiss. In some cases, the court may find that the delay was substantial enough to justify ending the case. In other words, the judge may allow the prosecution more time if the delay did not interfere with your ability to prepare a defense.

Having a defense attorney who understands discovery rules and tracks deadlines is critical. Your legal team must know how to review disclosures, spot missing evidence, and act quickly when the state fails to follow the rules.

Without the proper legal guidance, it can be challenging to know whether your rights have been violated. The new law adds another layer of discretion to the process, which makes it even more important to work with someone who can respond strategically at every stage of your case.

Speak With a New York Criminal Defense Attorney Today

If you are charged with a crime in New York and your case is stuck in the early stages, discovery issues may affect your outcome. At Brill Legal Group, we analyze every case for procedural errors, missed deadlines, and incomplete evidence. We know how to hold prosecutors accountable under the law while protecting your rights at every step.

Call 888-315-9841 or contact us through our online form to schedule a free consultation. Delays do not have to work against you when you have the right team on your side.