Maswick and Brodie Obtain Dismissal of Criminal Case for a Northern New York Client
James Maswick, an attorney in our Lake Placid office, and James Brodie, an attorney in our Albany office, were recently able to secure dismissal of a charge faced by a client in the North Country. Having been retained by the client, Maswick soon mailed in the notice of appearance on behalf of the client. A court appearance was adjourned, though not at the behest of the defendant, and a new appearance date was set for weeks in the future.
Maswick, realizing that many days had passed, worked with James Brodie to draft a CPL 30.30 motion, also known as a speedy trial motion. Upon filing the motion to the Court and serving a copy of the motion on the District Attorney’s Office, the prosecutor wrote the Court to indicate that the District Attorney’s Office would not oppose our motion to dismiss, since our office was correct on the law. The Court granted the motion to dismiss the charge and the prosecution of the defendant was concluded with the dismissal.
As an aside, the way the prosecutor handled the case was exemplary and is an example of how District Attorneys are supposed to handle their cases; they are charged with seeking justice and following the law. Prosecutors are not supposed to fight defense attorneys as every turn when the prosecutor has a weak case or facts which reflect otherwise on guilt.
If you or someone you know is charged with a crime, please do not hesitate to contact our firm to discuss.