Legal Question in Criminal Law in New Jersey

Right to a Speedy Trial

The United States Constitution entitles you to a speedy trial. When pretrial delay is excessive, you can ask the judge to dismiss the complaint for denial of that right.

How long is "excessive"? It is measured by four factors:

1. The length of time itself;

2. The reason for the delay;

3. Whether the delay has hurt your ability to present your defense. (In legal language, this is called "prejudice;" and

4. Whether the court failed to provide a trial after you asked for one.

Courts in general are reluctant to dismiss a complaint on speedy trial grounds. They will do so only in egregious cases. One year, standing alone, is probably not enough time for the court to grant a motion to dismiss. If you asked for a speedy trial early on, that one year might be enough.

You can still ask for a speedy trial now.

Good luck.

Re: Right to a Speedy Trial

Since you have an attorney representing you, I suggest that you consult with him.

Re: Right to a Speedy Trial

Your attorney should file a motion call "motion to dismiss charges for failure to indict". Sometimes, it is not the best advice, it alerts the prosecutor to move forward. Othertimes, the prosecutor may not have the proper witnesses to secure an indictment, so they sit on the case until they get it together. In this case, it is best to file this motion. I am suprised that your attorney does not know the status, I am sure he does!

If you would like to ask any further questions, you can reach me at 201-646-9600.

Savy Grant

Attorney at Law