New York Criminal Process: Trial Time

Paying Bail
A person charged with a crime has to deposit security money or property with the New York Criminal Court known as “Bail” whereby it is ensured that person will remain present during the subsequent criminal proceedings at the court. New York criminal process allows bail to be paid in three ways- cash, pledging property if allowed by the court or a bail bond. There are professional bail bondsmen who pledge their own money or property as guarantee to the court for the bail bond submitted by the person charged with crime.

Trial Speed
The Sixth Amendment of the US Constitution provides a timeframe within which a person charged with a crime has to be put on trial. However the court may allow extension of this timeframe for speedy trial if additional time is sought by the person charged with a crime for preparing his defense.

Timeframe for Trial
The New York Criminal Law has laid down timeframes to provide speedy trial right to the defendant with some exceptions. When felony is one of the many offenses a person is charged with in New York, the defendant should be brought to trial within six months. When one of the offenses charged for is misdemeanor and the minimum term of sentence for imprisonment is more than three months, the maximum time limit allowed for the defendant to be put on trial is 90 days. Likewise when one of the offenses charged for is misdemeanor and the term of prison sentence is not more than 3 months, a defendant gets 60 days before the trial in court. When of the offenses a person is charged with, at least one is violation and the offenses cannot be categorized as crimes, the defendant gets a maximum of 30 days before the case goes to New York criminal court for trial. For felony the term of imprisonment is usually more than a year whereas misdemeanor attracts imprisonment period of one year or less.