On polite lawyers cheating their clients out of their constitutional rights - and a great job for an indigent client by an assigned attorney, Ariel Podolsky Schneller

An interesting decision came out of Queens County (NY) criminal court - dismissing a criminal case because People's statement of readiness for trial was "illusory" under New York statutory speedy trial law, Criminal Procedure Law 30.30.

In New York, prosecutors must announce readiness for trial on record within 90 days for a misdemeanor charge or within 6 months for a felony charge.  In this case, it was a misdemeanor charge.

The prosecution did announce readiness for trial early on, but then were not actually ready for trial and asked for adjournments on multiple occasions.

The case is very informative for criminal defendants because it contains a detailed and painstaking calculation by the judge of which adjournments were counted against the People, which are not, and why.

Defense attorney's good work in this case for their indigent client must be noted - as the judge did mention that, as in any other case, the defense attorney was busy on certain occasions with other cases, and asked for adjournments, but did not "agree" to adjournments requested by the People, otherwise such adjournments would not have been counted to the People.

It was a young defense attorney Ariel Schneller, a recent Harvard Law graduate, who should be commended for doing an excellent job for the indigent client in this case.

Usually, attorneys are "polite", "civil", "civilized", agree to adjournments of prosecution "out of professional courtesy" (that's what I have been told, formerly, by prospective clients and now by readers, about their prior attorneys again, and again, and again), while clients do not realize that their rights for a speedy trial (and for a dismissal for violation of the speedy trial statute, such as happened in this case) are given away by the "polite" and "courteous" attorney.

So, whenever a criminal defense attorney in New York agrees, "as a matter of professional courtesy", to adjournments by the prosecution, such a defense attorney is selling out their client's right to a dismissal on state statutory speedy trial grounds.

This is a very rare case.  Usually, judges bend over backwards to deny motions deeming prosecution's statement of readiness for trial illusory. 

Good job, once again - attorney Ariel Podolsky Schneller.