Legal Question in Criminal Law in New Jersey
drug laws perhaps limitations?
Okay here is a long question. I have a drug charge that dates back to 1997. They have never taken me to trial. My charges are employing a juvinile, distibution with in a schoolzone and intent to distribute. Now before everyone jumps down my throat and thinks I am a dealer let me explain the facts please. I moved into the place whre I was which was not mine because my mother kicked me outta the house (well technically her abusive x-bfriend) I knew what my friends did and all but was never involved the employing a juvanile was the dealers brother. How did I get hit with the offenses? Is it because I resided at the house? And is there any statue of limitations here I mean 7 years. None of the weed was mine in the house I was there because I had no place to go. What do I do? Can anyone give me case laws that might help in this matter and what time am I facing if the prosecutor does not plea bargain with me? My lawyer said that we never pushed for the trial and he said the longer I waited the better. I have looked at the U.S. Constitution and it says that we are guarenteed the right to a speedy trial. The only problem is that no specific rules we set in stone. (like the amount of years it should take) Can anyone help?
3 Answers from Attorneys
Re: drug laws perhaps limitations?
In New Jersey the right speedy trial must be asserted before the right can be depended upon in a dismissal motion. The problem is that such a motion will only bring on the immediate trial of the matter wherein only the state normally suffers from delay in a drug case because the defendant usually does not have defense witnesses of any substance.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: drug laws perhaps limitations?
Based just on the facts that you have given me, this does seem like a shockingly long period of time between arrest and trial. Any judge worth a damn would dismiss this charge on a speedy trial motion if one is brought. The fact that you have had this hanging over your head for so long makes me feel bad for you since it must have had a very negative effect on your life all these years. In addition to this, from the facts that you gave me it wounds like you may have a good defense anyway. I am an attorney who has handled many cases similar to yours in the past in New Jersey. If you would like to discuss this or any other legal matter please call me at 1-908-272-0111. There is never any cost for simply consulting with me on a case. However, I would recommend that you speak with your current lawyer first to see if he would be willing ot file a speedy trial motion on your case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.=
www.njworkerscompensationlaw.com
Re: drug laws perhaps limitations?
As the other attys have stated, you can address this but you WILL need an atty.
I suggest getting an atty, have him contact the prosecutor's office to discuss your matter. There is a descent chance the prosecutor will not want to bother with prosecution, and cooperate with your atty in getting this arrest expunged, so it will not have an impact upon your life going forward. A good lawyer will take the 'least path of resistance', which will also be the least expensive way, in order to take care of your problem.
Good luck.
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