At Arpino Law, we regularly remind clients: the prosecution must follow the rules. When they don’t, dismissal is not discretionary, it is required.
In a recent case in Suffolk County District Court (First District, Central Islip), our firm secured a complete dismissal of a misdemeanor charge of Criminal Contempt in the Second Degree (Penal Law § 215.50[3]) after filing a motion under New York’s speedy trial statute, CPL § 30.30.
This dismissal came despite the prosecution previously offering:
- A one-year jail recommendation, and
- A reduced offer of nine months in jail.
Instead of accepting incarceration, we litigated, and the case was dismissed in full.
The Legal Issue: When Does a Case “Commence”?
The accusatory instrument in this case was filed on October 21, 2025, and an arrest warrant was issued the following day.
The defendant was later brought into court on the warrant and arraigned in custody. However, the prosecution did not file its Certificate of Compliance until January 27, 2026.
Under CPL § 30.30(1)(b), the People must be ready for trial within 90 days in misdemeanor cases.
The key issue:
A criminal action commences when the first accusatory instrument is filed, not when the defendant is later arraigned on a warrant.
That 98-day delay exceeded the statutory limit.
The Prosecution Conceded
After reviewing the motion, the District Attorney’s Office conceded the issue, acknowledging that the case originated with an arrest warrant and that the speedy trial clock began running when the accusatory instrument was first filed.
Because more than 90 days were chargeable to the People, the court granted the motion.
Result: Complete Dismissal.
No jail.
No probation.
No conviction.
Case over.
Why This Matters
Criminal Contempt in the Second Degree is a Class A misdemeanor punishable by:
- Up to one year in jail
- A permanent criminal record
- Potential collateral consequences
This case demonstrates two critical realities:
- Prosecutors sometimes miscalculate speedy trial time, especially in warrant-originated cases.
- Jail offers are not the end of the story.
Strategic motion practice can completely change the outcome of a case.
Facing Criminal Charges in Suffolk County?
If you are charged with a misdemeanor in Suffolk County, timing matters. Discovery matters. Procedure matters.
Do not assume that a jail offer is your only option.
📞 Call (631) 724-5251
🌐 www.arpinopc.com
Arnold A. Arpino & Associates, P.C.
Serving clients throughout Suffolk County and across Long Island.