How long does a criminal case take in Schenectady County

The answer depends on whether you are facing a misdemeanor or a felony charge, and on the specific circumstances of your case. In Schenectady County, a misdemeanor case—such as a petit larceny or a simple assault—generally moves from arraignment to trial within a few months, though many cases resolve earlier through a plea or a dismissal. A felony case, heard in the Schenectady County Supreme Court Criminal Term, can take significantly longer because it must first go through a grand jury indictment before the case proceeds to trial; a complex felony can take over a year to reach resolution. New York’s speedy-trial statute, CPL § 30.30, requires the prosecution to be ready for trial within 90 days for a misdemeanor and within six months for a felony, but these are deadlines for the prosecution’s readiness, not the date of your actual trial. If you have been arrested or are under investigation, speaking with an experienced criminal defense attorney as soon as possible can help you understand what timeline to expect in your specific matter. To request a consultation with Mr. Sris and his Of Counsel, call (888) 437-7747.
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Understanding the Timeline of a Criminal Case in Schenectady County

Every criminal case in Schenectady County follows a series of procedural steps, and the total length of the case is influenced by the seriousness of the charge, the prosecution’s readiness, court scheduling, and whether your attorney negotiates a resolution before trial. The court that hears your case matters: misdemeanor and violation‑level offenses are handled in the Local Criminal Court of Schenectady County, while all felony cases proceed before the Schenectady County Supreme Court Criminal Term. The procedures in these two courts differ, and so do the typical timeframes.

In a misdemeanor case, you are usually arraigned within 24 hours of arrest; at that hearing you will be formally notified of the charges and a plea is entered. After arraignment, the prosecution has 90 days to be ready for trial under New York’s speedy‑trial rule. Many misdemeanors resolve through negotiation—a plea to a reduced charge, a dismissal, or an Adjournment in Contemplation of Dismissal (ACD)—well before a trial date is set. When an ACD is granted, which is available for many first‑offense cases, the charge is adjourned for six to twelve months and then automatically dismissed if you stay out of further trouble. For a felony, the sequence is longer: after arraignment, the case is presented to a grand jury. If the grand jury returns an indictment, the felony will be transferred to the Supreme Court Criminal Term for further proceedings and, eventually, trial. The prosecution has six months under CPL § 30.30 to be ready for trial in a felony matter, and complex cases involving multiple defendants, extensive discovery, or forensic evidence can take well over a year to conclude. Many felonies are also resolved through plea negotiations, which can happen at any stage.

Frequently Asked Questions

Does New York have cash bail?

No, New York reformed its bail laws in 2020, eliminating cash bail for most misdemeanors and non‑violent felonies. In Schenectady County, most defendants are released on their own recognizance after arrest, meaning no bail money is required. For certain violent felonies and a limited set of qualifying offenses, bail may still be set by the court. If bail is ordered, the amount and conditions will be determined at arraignment. An experienced attorney can argue for the least restrictive release conditions possible.

How long does a misdemeanor case take in Schenectady County?

Most misdemeanor cases in Schenectady County are resolved within a few months of the arrest, though the timeline varies by case. After the arraignment, which usually occurs within 24 hours, the prosecution has 90 days to be ready for trial under the speedy‑trial statute. Many misdemeanors are resolved promptly through a plea deal, a dismissal, or an ACD, which can resolve the case without a conviction after a period of good behavior. Cases that proceed to trial will take longer—often several additional months—depending on the court’s calendar.

Can a criminal case be dismissed in Schenectady County?

Yes, there are several ways a criminal case may be dismissed before trial. A prosecutor may decide not to pursue the charges, the court may grant a motion to dismiss on legal or evidentiary grounds, or a defendant may be offered an Adjournment in Contemplation of Dismissal (ACD)—a deferred resolution that results in dismissal after a set period of good behavior. An attorney who identifies weaknesses in the prosecution’s evidence may be able to secure a dismissal early in the process.

What is an ACD?

An Adjournment in Contemplation of Dismissal (ACD) is a disposition available for many first‑offense cases that results in the charges being dismissed after a period of time. The court adjourns the case for six to twelve months, and if the defendant stays out of trouble during that period, the charges are automatically dismissed and sealed. An ACD is not a conviction, and it can be an excellent resolution for someone facing a first‑time minor offense.

What happens if I am charged with a felony?

A felony charge in Schenectady County starts with an arrest and arraignment, followed by presentation to a grand jury. If the grand jury votes to indict, the case moves to the Schenectady County Supreme Court Criminal Term, where further proceedings—including motions, plea negotiations, and possibly a trial—will occur. The prosecution must be ready for trial within six months under CPL § 30.30, but complex felonies routinely take longer than a year to resolve. Having an attorney who understands felony procedure can make a significant difference in how the case unfolds.

How quickly should I contact a criminal defense attorney?

It is best to contact an attorney as soon as you know you are under investigation or have been arrested. Early intervention allows your lawyer to preserve evidence, speak with witnesses, and begin building your defense before the prosecution’s case fully develops. Even if you have already been charged, the attorney can appear at your first court date to protect your rights and argue for favorable bail or release conditions.

Does Schenectady County have any first‑offender programs?

New York offers several pretrial diversion and deferred‑resolution options for first‑time offenders, many of which are available in Schenectady County. The ACD described above is one example. In addition, certain drug‑related offenses may be eligible for diversion to treatment court. An attorney can evaluate your eligibility for these programs and advocate for your entry into one that avoids a criminal conviction.

Will my case go to trial?

Many criminal cases in Schenectady County are resolved without a trial. Prosecutors and defense attorneys often negotiate plea agreements that reduce charges or limit penalties, and a significant number of cases are dismissed entirely. When the trusted course is to go to trial, Mr. Sris and his Of Counsel have the trial experience to present a strong defense. The decision whether to go to trial is made only after a careful evaluation of the evidence and your personal circumstances.

How long does a Schenectady County bench warrant stay active?

A bench warrant remains active until you appear in court and the warrant is recalled. If you missed a court date, it is important to address the warrant promptly—outstanding warrants can lead to arrest at any time. An attorney can often arrange for a voluntary appearance and ask the court to recall the warrant, reducing the disruption to your life.

Can I get my Schenectady County criminal records sealed?

Under New York’s conditional sealing law, CPL § 160.59, certain convictions may be sealed after a ten‑year waiting period if you meet the statutory criteria. Additionally, dismissals and ACDs are generally sealed automatically or through a motion. Sealing can help limit the impact of a past criminal case on employment and housing. An attorney can review your record and advise whether you are eligible for sealing.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. A former prosecutor, he understands how the other side builds a case and uses that insight to craft thorough defense strategies. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to criminal matters across New York, including Schenectady County, and are admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Results may vary. The firm has documented more than 4,739 case results firm‑wide since 1997, with over 93% favorable outcomes. in your case. To schedule a confidential consultation with Mr. Sris and his Of Counsel, call (888) 437-7747.

Last reviewed: June 2026

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

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