As we have written extensively, discovery is a large part of the criminal process. In a recent case before a New York appeals court, the parties asked the court to address whether certain changes to New York procedural standards, that is the new discovery laws, affected cases that were already in motion prior to the date the changes took effect. The case provides an interesting look at how very procedural and mechanical problems can end up having a big impact in a defendant’s proceedings.
Changes to Trial Procedure in New York
On January 1, 2020, New York made a technical change to its laws about preparing for trial. The change said that the State must file a “certificate of compliance” with the state’s newly enacted discovery rules. “Discovery” is the exchange of documents between parties in preparation for trial, and the 2020 changes essentially sought to make sure the State was in compliance with these new discovery rules prior to stating that it was ready to move forward to trial.
In the case before New York’s highest court, the New York Court of Appeals, the parties went to trial on January 27, 2020. On day one of trial, the State said it was prepared to move forward, even though it hadn’t filed its certificate of compliance under the new law. The defendant asked the court to dismiss the indictment because the State failed to file this certificate. The defendant’s case began, however, before the January 1, 2020 changes went into effect. Did the State still have to comply with the new law, even though it wasn’t in effect when the defendant was arraigned?
The higher court’s answer was that no, the State did not have to comply on January 27, 2020. The law’s changes only affected those whose cases began after the changes went into effect. It would not be fair, said the court, to apply the new law to the State when it only took effect after the case began.
Retaining an Experienced Attorney
The case serves as a reminder that when you hire a New York criminal defense attorney, you should hire an attorney that is familiar and comfortable with the rules of criminal procedure. While it is important to have an attorney that is aggressive, empathetic toward your case, and client-centered, you want to make sure that the attorney has enough experience to understand the technical parts of the law and how they might affect your case. By ensuring you retain a qualified attorney, you can also ensure you have the best chance possible at receiving a favorable outcome.
Are You Looking for a New York Criminal Defense Attorney for Your Case?
At Tilem & Associates, we understand that when you are facing criminal charges, you don’t want to settle for anything but the best. At our firm, we have experience litigating criminal cases of every kind and of every severity, and we are proud to provide some of the best and most personalized representation that the state has to offer. For a free and confidential consultation with a New York criminal defense attorney from our team, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach out to you as soon as possible.