Legal Question in Criminal Law in New Jersey

How many arraignments does a court have to do in order for your case to be dismissed.


Asked on 11/24/09, 5:11 pm

1 Answer from Attorneys

Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Technically, you are only "arraigned" once, the intial appearance before a judge after you are indicted, where you enter your intial plea. Because even Judges have bosses, and the dates are tracked by computer, with the time running from the arraignment date, sometimes the "arraignment" is postponed.

The pressure on courts to move cases along is ALL administrative. There is no law in New Jersey which requires a case be disposed of within a certain time frame or number of appearances or it will be dismissed.

Instead, your speedy trial rights are determined on a case by case basis. Any delay requested by your side will count against you. You have to demand a speedy trial, and suffer consequences from the delay. It is very rare to get a speedy trial dismissal in New Jersey.

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Answered on 11/30/09, 9:34 am


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