Criminal prosecutions can conclude in three ways: with charges being dismissed due to lack of evidence, a pre-trial resolution through a plea deal or adjournment in contemplation of dismissal, or a verdict reached at the end of a trial.
However, it is unacceptable for criminal prosecutions to end with charges dismissed because prosecutors failed to meet the “speedy trial” requirements mandated by state law.
While defendants and their attorneys may find dismissals favorable, these dismissals, ranging from DUI arrests to serious crimes like rape and attempted murder, undermine the people of New York, the efforts of law enforcement, and most importantly, the victims who must cope with the fact that alleged perpetrators were set free due to someone’s negligence.
In recent years, New York has seen a significant rise in dismissals based on speedy trial violations. Statistics from the state judiciary reveal an alarming increase of nearly 161 percent between 2019 and 2022. Disturbingly, the trend is particularly pronounced in the Capital Region, with a 63 percent increase in Albany County, a 262 percent increase in Rensselaer County, and a staggering 450 percent surge in Schenectady County.
Prosecutors attribute these numbers to changes implemented in 2020, which introduced deadlines for prosecutors to ensure a case was trial-ready and required the early disclosure of evidence to the defense. Prosecutors argue that these deadlines have overwhelmed their offices, resulting in high staff turnover and hindering their essential operations. To address this, they have requested additional resources, and the recent state budget allotted $90 million for this purpose. However, the defense bar, including public defenders’ offices, remains skeptical of these claims. They maintain that the old rules, allowing prosecutors to present evidence until the eve of trial, placed defendants at a severe disadvantage and often coerced them into unjust plea deals.
To support their argument, district attorneys can offer bimonthly reports detailing cases dismissed due to speedy trial lapses. This would enable lawmakers, advocates, and the public to assess whether the spike can be primarily attributed to the 2020 changes or if other factors, such as prosecutorial negligence, are contributing to the problem.
In essence, if district attorneys wish to present a compelling case, they simply need to promptly present the evidence.
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