Legal Question in Criminal Law in New Jersey

Motions

If a judge sets a date for the state to review and respond to motions submitted to the court, and fails to apear in court three times previous, and fails to respond to the motions by the date ordered by the judge, what happens next?? For example...pros recieved motions on 8.28..on 9/5 pros has no idea of motions...court orders pros until 9.26 to file a response...no response filed,. Is this good for the defense


Asked on 10/15/06, 7:53 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Motions

If the judge keeps giving the State more time it

would appear the judge is a bit too lenient with the State. He could just rule against the State on the motions. He seems a bit wary of ruling against the State.

On the other hand, it is good news for the defense that the prosecutor involved is a bit lazy.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/15/06, 9:33 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Motions

I'm going to guess that you have a public defender. Nothing against them, but the fact that you can't ask your attorney this yourself worries me. Your attorney needs to move for sanctions, attorney's fees and ask that the motion be heard without any response from the State. I don't think you can read into anything to say that its good for the defense. The fact that you can't ask your attorney a simple question is very bad for the defense. The fact that your attorney is letting the State get away with this is even worse.

My initial consultations are always free. Feel free to call me at 732/247/3340 to discuss your case.

Good luck!

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Answered on 10/15/06, 9:42 am


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