The State of New York has implemented sweeping changes to Criminal Procedure. New legislation expands the rights of citizens to bail, a speedy trial and discover.

Here is the new law.

Criminal Defense Lawyers, Prosecutors and Judges alike are working on implementing new practices to comply with the new procedures. As with any new law, there is likely to be substantial litigation over the precise meaning of many of the new provisions.

Here are just a few of the changes:

  • A client must sign a 30.30 waiver or if he is in custody must appear in court to ask a court to allow for a waiver.
  • The court must limit the length of 30.30 waivers depending on the type of case.
  • Courts must release a defendant or impose the least restrictive means necessary to reasonable ensure the defendant will return to court unless the defendant is charged with a Violent Felony Offense. Attorneys that practice in Federal court are familiar with the “least restrictive means test”. There, roughly 55% of all defendants are released pretrial.
  • Where a defendant remains in custody on bail set for five days, the Court is required to review the bail and reset it to one the defendant is able to pay and ensure the defendant will return to court.

More to come….