A New York Motion to Dismiss on Speedy Trial Grounds (Second Petition) is a legal document used to challenge a criminal case based on the defendant's right to a speedy trial. This motion is usually filed after the first petition is denied, and it argues that the prosecution has violated the defendant's right to a speedy trial as guaranteed by the Constitution. The motion typically argues that the prosecution has taken too long to bring the case to trial, and the defendant has been denied his or her right to a speedy trial. There are two types of New York Motion to Dismiss on Speedy Trial Grounds (Second Petition): 1. Pre-Trial Motion: This type of motion is filed before the start of the trial and is used to argue that the prosecution has taken too long to bring the defendant to trial. 2. Post-Trial Motion: This type of motion is filed after the trial has begun and is used to argue that the prosecution has taken too much time to present its evidence or has failed to provide evidence that would support a conviction.
New York Motion to Dismiss on Speedy Trial Grounds (Second Petition)
Description Speedy Trial
How to fill out New York Motion To Dismiss On Speedy Trial Grounds (Second Petition)?
US Legal Forms is the most easy and cost-effective way to locate appropriate formal templates. It’s the most extensive online library of business and individual legal documentation drafted and checked by attorneys. Here, you can find printable and fillable templates that comply with national and local regulations - just like your New York Motion to Dismiss on Speedy Trial Grounds (Second Petition).
Obtaining your template requires just a few simple steps. Users that already have an account with a valid subscription only need to log in to the website and download the document on their device. Later, they can find it in their profile in the My Forms tab.
And here’s how you can get a professionally drafted New York Motion to Dismiss on Speedy Trial Grounds (Second Petition) if you are using US Legal Forms for the first time:
- Look at the form description or preview the document to guarantee you’ve found the one meeting your needs, or locate another one using the search tab above.
- Click Buy now when you’re sure of its compatibility with all the requirements, and judge the subscription plan you like most.
- Register for an account with our service, log in, and pay for your subscription using PayPal or you credit card.
- Choose the preferred file format for your New York Motion to Dismiss on Speedy Trial Grounds (Second Petition) and save it on your device with the appropriate button.
After you save a template, you can reaccess it whenever you want - just find it in your profile, re-download it for printing and manual fill-out or upload it to an online editor to fill it out and sign more proficiently.
Take advantage of US Legal Forms, your trustworthy assistant in obtaining the required formal paperwork. Give it a try!
Motion Dismiss Ny Form popularity
New York Motion Dismiss Form Other Form Names
FAQ
A violation of the speedy trial rule means that any conviction and sentence must be wiped out, and the charges must be dismissed if the case has not reached trial. The federal Speedy Trial Act provides some instruction for federal cases.
There are a few exceptions to this requirement: Mistrials. Defendant is unable to appear on the date of trial. Defense needs more time to prepare and gather witnesses and evidence.
(in determining whether an appellant has been denied his right to a speedy trial under the Sixth Amendment, an appellate court considers the following factors: (1) the length of the delay; (2) the reasons for the delay; (3) whether the appellant made a demand for a speedy trial; and (4) prejudice to the appellant).
Wingo, 407 US 514; those four factors are: (1) the length of the delay, (2) the reasons for the delay, (3) the appellant's assertion of the right to timely review and appeal, and (4) prejudice; if this analysis leads it to conclude that the appellant has been denied the due process right to speedy post-trial review and
A motion to dismiss an indictment pursuant to section 210.20 must be made in writing and upon reasonable notice to the people. If the motion is based upon the existence or occurrence of facts, the motion papers must contain sworn allegations thereof, whether by the defendant or by another person or persons.
Dismissal is the remedy for a speedy trial violation. If there is a lengthy delay before your case goes to trial, and the court determines that you have been denied your constitutional right to a speedy trial, then the court must dismiss (toss out) the charges against you.
? IN GENERAL: Criminal Procedure Law § 30.30, also known as ?statutory speedy trial,? requires the prosecution to establish its readiness for trial on an ?offense? within a specific codified time period after the commencement of a criminal action (which occurs, generally, by the filing of the initial accusatory).
Motions to dismiss are made for many different reasons. For example, if the defendant didn't get the summons and complaint the right way, he or she can ask the court to dismiss the case. (See Examples of Bad Service). Or, if the plaintiff started the case in the wrong court or county, the court will dismiss the case.