Q: Seeking advice on fighting constitutional rights violations in my boyfriend's incarceration and bail denial.

A: I'm sorry you're dealing with such a difficult and frustrating situation. When someone is held in custody for an extended period without bail or timely court proceedings, it raises serious questions about due process and the right to a fair and speedy trial.

In New York, individuals accused of crimes have constitutional and statutory rights to a speedy trial under both the U.S. Constitution and the New York Criminal Procedure Law (CPL § 30.30). CPL § 30.30 sets specific time limits for the prosecution to be ready for trial, depending on the severity of the charges. For felonies, the People generally have six months to be ready for trial, excluding certain delays that may be attributable to the defense or the court.

Being held without bail for 13 months without a preliminary hearing or trial readiness raises concerns that may warrant legal review. If the prosecution has not declared its readiness for trial within the statutory period and if no valid exclusions apply, the defense may file a motion to dismiss under CPL § 30.30. Additionally, constitutional speedy trial protections under the Sixth Amendment may apply if the delay is deemed unreasonable, prejudicial, and not justified by valid reasons.

If continuances have been granted without the required motions or court findings, this could be challenged. The court is expected to make a record of the reasons for any delay, especially when the defendant remains in custody. The absence of a bail review or formal motion by the prosecution to hold without bail may also be significant. Under New York law, bail decisions must be made promptly and based on statutory criteria, and the defense may request a bail hearing or re-application.

If the current defense attorney refuses to raise these issues or seems to disregard potential violations, your boyfriend has the right to request a different attorney or to file a grievance if the representation falls below acceptable standards. Filing a habeas corpus petition in Supreme Court may also be an option if unlawful detention is suspected.

This answer is for informational purposes only and does not constitute legal advice. For assistance with this matter, a qualified criminal defense attorney should be consulted.

A: Holding someone for over a year without a preliminary hearing or proper bail review raises serious constitutional concerns, especially under the Sixth Amendment right to a speedy trial and the Eighth Amendment protection against excessive bail. If no formal motion for denial of bail was filed by the prosecutor and your boyfriend’s attorney has not contested the delay or requested hearings, then his rights may have been overlooked or ignored.

You can begin by requesting a copy of the court docket and transcripts to track what has or hasn’t been filed. Look specifically for whether any bail hearings were held, whether the defense waived time, or if the court granted continuances without legal justification. If the defense attorney refuses to act, your boyfriend can request new counsel by filing a Marsden motion (if applicable in your state), or you can help him draft a pro se motion asserting denial of his rights.

You may also consider submitting a complaint to the public defender’s office or local bar association if his lawyer refuses to advocate properly. If nothing moves forward, a writ of habeas corpus may be filed with the court, asking for immediate review of the legality of his detention. This is about ensuring he has fair access to the justice system—not just sitting behind bars without due process.