Bench Trial Reserving Rights

Innocent and Facing Charges That Would Have Ruined My Life

"I had just recently graduated from law school and was awaiting my bar exam when I was charged with 3 class D felonies. Adam was incredibly invested and attentive from the beginning of my case. He greatly exceeded my expectations in how often he took the time to come visit me in jail with updates. He calmly talked my wife through the issues and helped her understand what was going on. Adam believed in me and took the case to jury trial in Monroe County Court. His courtroom performance was excellent, combined with a solid grasp of litigation procedures and law. The jury verdict was not guilty on the 3 counts. I WAS DISCHARGED AND ACQUITTED ON ALL COUNTS. Worst-case scenario I was looking at 21 years in prison, and instead today I have my life back."

Grand Larceny in the 1st Degree

Every jurisdiction has procedural quirks, and in Rochester we have one known as a Bench Trial Reserving Rights, or a "BTRR."

A BTRR is commonly used in harassment cases, because complaining witnesses rarely show up to the trial. It works like this:

The judge sets a date for a non-jury trial (also known as a bench trial, because the judge decides guilt or innocence from her bench.) On the day of trial, if the complainant shows up to testify, the judge sets out a schedule for the exchange of discovery, motions, and a new trial date. There is no trial on that originally scheduled date. Things then proceed as a normal case would, with plea negotiations or possibly a trial.

The thing is, complainants only appear at that first trial date about 10% of the time. So what happens if the complainant is a no-show?

If the complainant does not show up, the judge sets a control date, typically 90 days from the date of the originally-scheduled bench
trial. Why? Because the District Attorney's only have 90 days to prosecute most misdemeanor cases. The DA must announce readiness for
trial before their 90-day speedy trial time runs out. If their complaining witness does not appear on the originally scheduled trial
date, they are not ready for trial. Therefore, on the control date, speedy trial time will have elapsed, and the case must be dismissed.

Unless the Court contacts the defense, the Defendant typically doesn't have to appear on the control date. The case is typically just dismissed automatically.

This is just one example of why it is a good idea to retain a local lawyer who is familiar with local practice.

P. Adam MilitelloReviewsout of 30 reviews
10.0P. Adam Militello
The Militello Law firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128