In the best of times, New York State’s criminal speedy trial laws create formidable challenges for prosecutors, who are required to meet strict deadlines for answering ready for trial or face dismissal of their cases. 2020 was not the best of times. Between substantial amendments to discovery and speedy trial laws, the COVID-19 pandemic’s profound impact on everything from routine court appearance to trials, an executive order granting a brief respite from the speedy trial rules for criminal cases, and a growing wave of unindicted felony cases, 2020 was an unusual year for New York State’s criminal justice system.

As 2021 begins, this collision of once-in-a-lifetime events has created new challenges for prosecutors and ample opportunities for defense lawyers seeking dismissals on speedy trial grounds.

New Speedy Trial Laws