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New York State court criminal case. 2002 defendant was
New York State court criminal case. 2002 defendant was charged with two counts of G*** L***, jumped bail, and fled to Trinidad. Two warrants issue for the larcenies and bail jump. As a consequence of the Caricom treaty with the Carribean community, he cannot leave member-nation Trinidad because of his outstanding warrants. He's free in Trinidad, but cannot leave the country. In July 2015, he wishes to vacate his warrants because of plea offer from DA to his newly retained attorney: If Defendant appears, he can plead guilty to felony bail jumping and reduced larcenies. Sentence will be recommended for time served (the 2-3 days he'll be held for processing and appearing to take the plea.) Attorney is then told by DA that making warrant extraditable is too costly to undertake. So, he can't leave, and the DA will not move to extradite. Can attorney move to dismiss the case? On what grounds?
Yes, a motion to dismiss for failure to prosecute under NYS CPL sec. 170.30.
His attorney should should request that the DA voluntarily dismiss if he never intends to prosecute. If the DA refuses, the attorney should request that the court dismiss the charges.