Legal Question in Criminal Law in New Jersey

Re: Ignored Motions

Usually, assuming that the facts alleged in defendant'ss motion are sufficient for the Court to grant the mtion as a matter of law, the defendant's motion should be granted.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Ignored Motions

I really envy Mr. Moore for being able to practice in front of good judges like that. At least half of the time, the State will make up some excuse with regard to why they didn't respond, i.e. too busy cause on trial, etc. I would argue that the State should be barred from any argument but you may not get far with that argument.

Even if the State doesn't respond to the motion, I know some Judges that would still deny your motions. Its happened to me several times even though the law was clearly in my favor. Heck, most of the time, I don't even care what the State says since most of their briefs are "canned" anyway. It is the Judge who is my biggest adversary most of the time.

Bottom line, unless your attorney knows the Judge well, expect anything!