New York 30 30 Suspension Due To Covid 19

New York 30.30 Suspension Due To Covid 19

The COVID-19 pandemic has caused major disruptions to New York’s criminal justice system. One of the biggest impacts has been on defendants’ rights to a speedy trial under New York’s 30.30 law. This article will explain what 30.30 is, how COVID-19 led to its suspension, and what the suspension means for criminal cases.

What is New York’s 30.30 Speedy Trial Law?

New York’s speedy trial law is contained in Section 30.30 of the New York Criminal Procedure Law (CPL). This law sets time limits for prosecutors to be ready for trial after a defendant is arrested and charged. The time limits depend on the severity of the charges:

• Violations – 30 days
• Class B Misdemeanors – 60 days
• Class A Misdemeanors – 90 days
• Felonies – 180 days

If prosecutors are not ready for trial by the deadline, the defendant can file a 30.30 motion to dismiss the charges. The purpose of the law is to prevent defendants from languishing in jail or living under criminal charges indefinitely.

How COVID-19 Led to Suspension of 30.30

In March 2020, as COVID-19 hit New York, Governor Andrew Cuomo issued several executive orders suspending 30.30 timelines. This was done because jury trials could not safely proceed during the pandemic. Specifically:

• Executive Order 202.8 suspended 30.30 timelines statewide from March 20, 2020.
• This blanket suspension was extended through June 2020.
• In September 2020, EO 202.60 modified the suspension, so that 30.30 only remained suspended until jury trials resumed in each jurisdiction.
• In October 2020, EO 202.67 lifted the suspension except for felony cases in NYC.

Additional executive orders in late 2020 focused the suspension only on cases proceeding on felony complaints that had not yet been indicted. As courts adapted to COVID, 30.30 suspensions became more targeted.

What Suspension Means for Criminal Cases

For most cases outside NYC, 30.30 timelines resumed running in Fall 2020 once jury trials restarted. But for unindicted felony cases in the city, 30.30 remained suspended until January 2021.

This suspension excluded all the time when courts were closed and cases were on hold. Many defendants’ cases have been delayed by 6 months or more with none of that time counting under 30.30. The impacts include:

• Cases taking longer to resolve, with charges hanging over defendants.
• Prosecutors may be more willing to settle cases or offer pleas to clear backlogs.
• If COVID disruptions continue, 30.30 could be suspended again.

The situation has been frustrating for defendants awaiting resolution. But the suspensions were deemed necessary to avoid overwhelming courts once they reopened. There were simply too many backed-up cases to resume full speed immediately.

What This Means for Your Case

If you have a criminal case pending, especially a felony case in NYC, the 30.30 suspensions likely stopped your speedy trial clock for many months. Any delays due to COVID closures and court backlogs did not count against the prosecution.

Consult with your defense attorney to determine exactly how much time is left on your 30.30 clock. The months of suspension due to COVID do not count against the prosecution’s time to be ready for trial.

Going forward, further COVID waves could potentially lead to additional 30.30 suspensions. So timelines remain uncertain. Your attorney can advise you on the best defense strategy in light of the fluid situation.

While the suspensions have caused frustrating delays, they may also motivate prosecutors to resolve cases more quickly moving forward. COVID has forced the justice system to prioritize cases and clear out backlogs. This could benefit some defendants seeking prompt plea deals or dismissals.

Every case is different. But the COVID-related 30.30 suspensions have had major impacts across New York’s criminal justice system. Consult with your attorney to determine how your speedy trial rights may be affected.