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On March 1, 2013, my neighbor took out a summons and complaint

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On March 1, 2013, my neighbor took out a summons and complaint against me, stating that on her way home from work on Feb 18, 19, 20 & 21, she saw a pile of mixed grain in my yard from the road at about 5:40 PM. the charge against me was "unlawful feeding of black bear". i appeared in court for the arraignment on 4/4/13. the judge said that i'd be notified to appear for the pretrial conference.
subsequently, the neighbor was in the hospital and gave birth to her first child. i have not gotten any notice from the court and in a few days, it will be 2 months since the arraignment. i presume this neighbor has gotten very busy with the birth of her infant and she isn't prepared to pursue a case against me for the moment. however, i am certain this will be coming up again, because this is the 4th time since 2010 that she's taken me to court, accusing me of feeding black bear. i would like to know how long i could remain in limbo. what is the statute of limitations on this sort of thing?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

I need some additional information before I can assist you.

Do you have prior convictions for this offense?

Does the complaint/citation indicate the level of offense of the charge?
Customer: replied 1 year ago.

the first time, i was told the 2 tickets would go away if nothing else came up in 6 months. and nothing happened within the 6 months so the tickets went away. (2010). in May 2012, i had a lawyer that advised me to pay 1 ticket (i had been feeding my cats and the ticket was issued for feeding bear) and the other 3 would be dropped but, i would not be allowed to feed wild birds from feeders or feed my cats outside for an entire year in my yard). in June i had hired a guy to do my gardening work and i had told the story to him when he installed my surveillance cameras. i had fired him at the end of July because he became verbally abusive and threatening. he had also been stealing from me. he then poured gasoline in my barn, and filed a complaint to the DEC that he found food on the property. there was no food anywhere on the property but the DEC officer never came to look over the property. he issued a ticket based on the statement of the gardener. i had to go to court again and was told that the CD would be extended for an additional year (it was Jan 2012 when that closed). in february 2013, the neighbor saw crows & wild turkey in my yard but there was no food. she said that she saw food although there was none. this time, there was no ticket issued or signed by the DEC officer. the summons & complaint came from her, not the DEC. i got no letter from the court stating they had reason to believe i violated the CD, like i did from the previous complaint made by the gardener. again, the officer never came to inspect the property. i appeared in court on 4/4 for arraignment and that was the last i ever heard from the court. i worry because i'm 61 years old and the neighbors are in their 20's. they live behind me. they bought their property 3 or 4 years after i began residing in this house. they're always slowing down when they drive by my property to look at, i don't know what. i haven't seen any bear here yet . but their complaints are about wild turkey and crows now. and today, i saw them slow down when they drove by. i went to look outside to see what it might be this time, and i saw a racoon climbing the steps to my deck. i have a garbage pail alongside my deck so i can dispose of garbage without having to walk down to the road, where i keep my pails for garbage pick up. i live on an agricultural road. people keep and feed their livestock. in fact, the neighbor that has been complaining, were keeping a pig not too long ago. there are wild animals here. i live on a mountain. the woods are behind me. i am being blamed for something i have no control over. the neighbors are not from this area. they came from NJ. Lumberton NJ. they probably don't even know that bears are hibernating in Feb, when they accused me of feeding a bear, the last time.

Expert:  LegalEagle1 replied 1 year ago.
Does the complaint/citation indicate the level of offense of the charge?
Customer: replied 1 year ago.

statute/section NYR 6-187.1 C2 Charge Text Unlawful feeding bear . it's a Criminal Summons

Expert:  LegalEagle1 replied 1 year ago.
Does the summons indicate if it is charged as a Class A, B or unclassified misdemeanor? There are different levels based upon the number of previous convictions.
Customer: replied 1 year ago.

it's not a misdemeanor and it's not a felony. it's a criminal violation. something like a traffic summons, i believe. (i don't remember how i came to compare it to a traffic summons.... perhaps a lawyer had said . the judge had said that it was a violation. but it is criminal and not civil.


 


i don't know if it makes a difference, but i live in Tioga County, Town of Owego. farmland. i think it's the beginning of the apalachian trail? i'm from Brooklyn NY and i have never encountered anything like this before. the most i had ever gotten in my life were parking tickets, back in Brooklyn. i believe that i'm being harassed by neighbors and railroaded by the court.

Expert:  LegalEagle1 replied 1 year ago.
Criminal violations are classified by what the maximum penalty one faces and NY statute makes most violation of the Fish and Wildlife Code misdemeanors.

You asked about the statute of limitations in your initial question. I think what you are really asking about is your right to speedy trial. The time period ( for one to be to trial on misdemeanor is 90 days. There are reasons that this time frame can be expanded. Such as the defendant filing motions or waving time

The statute does not require the defendant trial be held within in the specified number of days, it only requires that prosecution indicate that it is ready to try the case by that time.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
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Customer: replied 1 year ago.

i really don't understand your answer at all. before there's any trial, there has to be a pretrial conference. i attended the arraignment on 4/4. how much time can it remain in limbo? how much time does the court have to leave this thing up in the air? i am not saying that i'm in a hurry. its not like i'm sitting in jail, waiting for a trial. can this remain up in the air until May 2014? without ever going to trial? are you sayinng that if they don't try the case by the 3rd month, they have to drop the case?

 

i don't think you understood what i was asking.

for example, i took a small claim out against them at the courthouse for trespassing and the monetary damage i incurred from their trespass.. i had opened the case against them, but then wasn't ready to proceed so i asked for an adjournment. the case was held open for over a year, just in case i wanted to proceed to sue them. after a little over a year it was closed. i can never go back to court and sue them for the damage incurred by the trespass because of the statute of limitations. now they're coming after me because of a supposed bear in the yard during february. they opened the case on 3/1. how long can they hold this case open, against me before it expires? how long before they have to begin again and initiate a new action? do you understand what i'm asking? the statute of limitations on this particular case is how long? before they have to give it uP? perhaps i am misunderstanding you and you have already answered, that the case will be brought to trial within 3 months of initiation - for all criminal misdemeanor actions. but i am quite sure there is no "misdemeanor" or someone would have told me.

Expert:  LegalEagle1 replied 1 year ago.
I'm sorry for the confusion. I will try to write a clearer explanation for you.

Here is a link to the statute: §30:30
http://codes.lp.findlaw.com/nycode/CPL/ONE/C/30/30.30

You should read it in entirety.

I've reprinted subsection §30:30(1) of the statute below.

1. Except as otherwise provided in subdivision three, a motion made pursuant to paragraph (e) of subdivision one of section 170.30 or paragraph (g) of subdivision one of section 210.20 must be granted where the people are not ready for trial within: (a) six months of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a felony; (b) ninety days of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than three months and none of which is a felony; (c) sixty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more than three months; (d) thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.

Under the NY speedy trial provision all that is required is that the "People" must be ready for trial. The trial does not have to actually start or be held within this time limit.

Also there under subsection §30:30(4), which I've reprinted below, list time periods which excluded (not counted).

4. In computing the time within which the people must be ready for trial pursuant to subdivisions one and two, the following periods must be excluded: (a) a reasonable period of delay resulting from other proceedings concerning the defendant, including but not limited to: proceedings for the determination of competency and the period during which defendant is incompetent to stand trial; demand to produce; request for a bill of particulars; pre-trial motions; appeals; trial of other charges; and the period during which such matters are under consideration by the court; or (b) the period of delay resulting from a continuance granted by the court at the request of, or with the consent of, the defendant or his counsel. The court must grant such a continuance only if it is satisfied that postponement is in the interest of justice, taking into account the public interest in the prompt dispositions of criminal charges. A defendant without counsel must not be deemed to have consented to a continuance unless he has been advised by the court of his rights under these rules and the effect of his consent; or (c) (i) the period of delay resulting from the absence or unavailability of the defendant. A defendant must be considered absent whenever his location is unknown and he is attempting to avoid apprehension or prosecution, or his location cannot be determined by due diligence. A defendant must be considered unavailable whenever his location is known but his presence for trial cannot be obtained by due diligence; or (ii) where the defendant has either escaped from custody or has failed to appear when required after having previously been released on bail or on his own recognizance, and provided the defendant is not in custody on another matter, the period extending from the day the court issues a bench warrant pursuant to section 530.70 because of the defendant's failure to appear in court when required, to the day the defendant subsequently appears in the court pursuant to a bench warrant or voluntarily or otherwise; or (d) a reasonable period of delay when the defendant is joined for trial with a co-defendant as to whom the time for trial pursuant to this section has not run and good cause is not shown for granting a severance; or (e) the period of delay resulting from detention of the defendant in another jurisdiction provided the district attorney is aware of such detention and has been diligent and has made reasonable efforts to obtain the presence of the defendant for trial; or (f) the period during which the defendant is without counsel through no fault of the court; except when the defendant is proceeding as his own attorney with the permission of the court; or (g) other periods of delay occasioned by exceptional circumstances, including but not limited to, the period of delay resulting from a continuance granted at the request of a district attorney if (i) the continuance is granted because of the unavailability of evidence material to the people's case, when the district attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that such evidence will become available in a reasonable period; or (ii) the continuance is granted to allow the district attorney additional time to prepare the people's case and additional time is justified by the exceptional circumstances of the case. (h) the period during which an action has been adjourned in contemplation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of this chapter. (i) The period prior to the defendant's actual appearance for arraignment in a situation in which the defendant has been directed to appear by the district attorney pursuant to subdivision three of section 120.20 or subdivision three of section 210.10. (j) the period during which a family offense is before a family court until such time as an accusatory instrument or indictment is filed against the defendant alleging a crime constituting a family offense, as such term is defined in section 530.11 of this chapter.

So if there are no time periods that are excluded in your case, the People may have up to 90 days to be ready for trial. If you are not represented by counsel you will want to obtain permission from the court to proceed as your own attorney. Otherwise §30:30(4)(f) will exclude the time from the calculation.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

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Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
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Customer: replied 1 year ago.

I don't really understand very much of what i just read but i thank you for taking the trouble to send it to me. perhaps i need to read it over a few times. i was doing a little research as well, just now. i was really charged with a violation; not a misdemeanor. i had spoken to an attorney about it before and was told that each ticket would mean 15 days in jail, maximum. and that 15 days would actually turn into 9 days. but any days is too many days as far as i'm concerned. the confusing thing about what i just read is that i shouldn't have to worry about any trial since a month has passed ,,,, except for the fact that it's considered a crime, even though it's only a violation. i suppose that i'll be hearing from the court over this next month because july 4th will make 3 months. for a misdemeanor, it would be within a 3 month time frame. so anywhere between 1 month to 3 months, is the ball park figure. and, in fact, i did hire a lawyer that didn't take very much money at all. peculiar. his retainer fee, he had said, was usally $1500. but because of the nature of this thing, he only asked for $250. i had called, left a message, and asked about the statute of limitations on this. i was told that someone would get back to me with the info, but no one ever did. i really don't understand what happened because, i live in the country. everyone here knows that bear hibernate in february. but the charge against me was for feeding bear in february. and the accuser says she saw "mixed grain" from the road at 5:40 PM, when it's already dark out. my property extends 200 feet back from the road. how in the world could anyone see that kind of detail in the dark. i don't know. maybe that's why nothing has happened yet. i'm sure that the court doesn't want to go after the accuser for false accusations. i guess i have to just sit tight and wait to see what happens. it's awful that my life could be snatched away on someones word when that someone just has it in for me, for no apparent reason.


if you would please get back to me about that issue of misdemeanor vs violation.......... what you had said about the DEC only prosecuting misdemeanors....... that really worried me, cause that would mean a year in jail. i would lose my disability check, i would lose my house, and all of my cats, if that is really true. thank you.

Expert:  LegalEagle1 replied 1 year ago.
If it is a violation then §30:30(1)(d) would apply (You can ignore my last answer and focus on this answer. The last answer included information regarding misdemeanors in addition to violations.)

§30:30(1)(d) reads as follows
1. Except as otherwise provided in subdivision three, a motion made pursuant to paragraph (e) of subdivision one of section 170.30 or paragraph (g) of subdivision one of section 210.20 must be granted where the people are not ready for trial within: * * * * * * * * * * * *
(d) thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.

So the people have to be ready for trial within 30 days unless a period of time is excluded under §30:30(4)

I'll try to reformat §30:30(4) so it is easier to read (and hopefully understand). It is basically a list of when time does not count.

§30:30(4):

In computing the time within which the people must be ready for trial pursuant to subdivisions one and two, the following periods must be excluded:

(a) a reasonable period of delay resulting from other proceedings concerning the defendant, including but not limited to: proceedings for the determination of competency and the period during which defendant is incompetent to stand trial; demand to produce; request for a bill of particulars; pre-trial motions; appeals; trial of other charges; and the period during which such matters are under consideration by the court; or

(b) the period of delay resulting from a continuance granted by the court at the request of, or with the consent of, the defendant or his counsel. The court must grant such a continuance only if it is satisfied that postponement is in the interest of justice, taking into account the public interest in the prompt dispositions of criminal charges. A defendant without counsel must not be deemed to have consented to a continuance unless he has been advised by the court of his rights under these rules and the effect of his consent; or

(c) (i) the period of delay resulting from the absence or unavailability of the defendant. A defendant must be considered absent whenever his location is unknown and he is attempting to avoid apprehension or prosecution, or his location cannot be determined by due diligence. A defendant must be considered unavailable whenever his location is known but his presence for trial cannot be obtained by due diligence; or (ii) where the defendant has either escaped from custody or has failed to appear when required after having previously been released on bail or on his own recognizance, and provided the defendant is not in custody on another matter, the period extending from the day the court issues a bench warrant pursuant to section 530.70 because of the defendant's failure to appear in court when required, to the day the defendant subsequently appears in the court pursuant to a bench warrant or voluntarily or otherwise; or

(d) a reasonable period of delay when the defendant is joined for trial with a co-defendant as to whom the time for trial pursuant to this section has not run and good cause is not shown for granting a severance; or

(e) the period of delay resulting from detention of the defendant in another jurisdiction provided the district attorney is aware of such detention and has been diligent and has made reasonable efforts to obtain the presence of the defendant for trial; or

(f) the period during which the defendant is without counsel through no fault of the court; except when the defendant is proceeding as his own attorney with the permission of the court; or

(g) other periods of delay occasioned by exceptional circumstances, including but not limited to, the period of delay resulting from a continuance granted at the request of a district attorney if (i) the continuance is granted because of the unavailability of evidence material to the people's case, when the district attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that such evidence will become available in a reasonable period; or (ii) the continuance is granted to allow the district attorney additional time to prepare the people's case and additional time is justified by the exceptional circumstances of the case.

(h) the period during which an action has been adjourned in contemplation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of this chapter.

(i) The period prior to the defendant's actual appearance for arraignment in a situation in which the defendant has been directed to appear by the district attorney pursuant to subdivision three of section 120.20 or subdivision three of section 210.10.

(j) the period during which a family offense is before a family court until such time as an accusatory instrument or indictment is filed against the defendant alleging a crime constituting a family offense, as such term is defined in section 530.11 of this chapter.

Hopefully this is easier to read.

You may want to ask your attorney how §30:30 is applicable to your case, and if you may be able to have the case dismissed based upon it. He should be able to determine what time periods count toward the 30 days.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
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Customer: replied 1 year ago.

what you are saying is that they had needed to be prepared within 30 days. and they weren't prepared within 30 days and so the whole thing is dropped but no one bothered to tell me. but like i had said before, this thing i'm being accused of IS A CRIME> IS A CRIME and IS A VIOLATION. so the statement you sent me isn't correct. they might just have a full year to get back to me on it. i suppose nothing really matters. anyone can to anything to me. i don't live in Brooklyn NY anymore. i don't have family or friends here in hillbilly country. anything goes. they probably killed all the bear in this area any way and so i haven't seen any and probably won't see any bear anymore for a very, very long time. the black bear here in tioga county will probably go extinct before they ever walk in my yard again. and so, no one cares about taking me to court anymore. i would relaly like to understand what you sent, but i don't think it applies to me anyway. i will try calling that lawyer again on monday, but for some reason, i don't think i'll get an answer. i'll be told to wait until someone gets back to me and no one ever will.


 

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