At Arnold A. Arpino & Associates, P.C., we believe the law’s deadlines matter—and when the prosecution misses them, our clients shouldn’t have to wait any longer for justice.
In a recent case in Nassau County District Court, our office secured the full dismissal of a misdemeanor criminal mischief charge after filing a motion under New York’s speedy trial statute (CPL § 30.30). The People consented to our motion and did not oppose dismissal, resulting in the case being thrown out.
The Legal Issue
Our client was accused of criminal mischief, a Class A misdemeanor punishable by up to one year in jail. Under New York law, when a person is charged with a misdemeanor punishable by more than three months in jail, the prosecution must be ready for trial within 90 days.
But here’s the key—“ready for trial” means more than filing paperwork. The prosecution must have:
- A legally sufficient accusatory instrument (in this case, a misdemeanor information, not just a misdemeanor complaint containing hearsay allegations);
- Complied with their discovery obligations;
- Be able to actually proceed to trial.
In this case, the prosecution filed a “Statement of Readiness” while still proceeding on a misdemeanor complaint that was never converted to an information. That meant their statement was legally illusory—and the speedy trial clock kept running.
Our Strategy
We meticulously reviewed the court file and adjournment history, calculating that over 90 days were fully chargeable to the People. We moved to dismiss under CPL § 170.30(1)(e) and CPL § 30.30(1)(b), citing case law that holds a statement of readiness on an unconverted complaint does not stop the speedy trial clock.
When faced with our motion, the prosecution consented to dismissal.
The Outcome
The Court dismissed the case in its entirety—no trial, no plea, no record.
Why It Matters
This case is a reminder that criminal procedure is not just technicalities—it’s the law. Speedy trial rights are there to prevent cases from lingering and to protect the accused from unnecessary stress and delay. When the prosecution isn’t ready on time, dismissal is not only possible, it’s required.
Charged with a misdemeanor in Nassau or Suffolk County?
We know how to hold the prosecution to its deadlines and fight for your rights.
📞 Call us today at (631) 724-5251
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📍 Serving clients in Nassau County, Suffolk County, and across New York