Legal Question in Criminal Law in New Jersey

Time for indictments

Court Rule 3:25 Dismissal states that If there is an unreasonable dely in presenting the charge to a grand jury or in filing an accusation against a defendant who has been held to answer upon a complain; the judge may dismiss the matter. What constitutes a delay? In a situation, an arrest was made in january 05, there was no idictment until April 06. There was no ongoing investigations, search warrants issused for seized evidence by coercion expired, while the evidenced gathered was obtained five months later without the warrant. All discovery obtained and presented to the GJ was a year old according to the dates on all the papers. It is now going on two years from day of arrest and we have had numerous status conferences. Motions have been submitted, With the prosecution failing to show up. Now they are calling us. Would this constitute a Delay acording to rule 3:25?


Asked on 12/15/06, 9:57 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Time for indictments

I think this is your second question on this topic so see my other response. First, time is on your side so don't worry too much. Second, sometimes this is just how the system works but it is rare that this happens. In fact, most of the time it is impossible for this to happen.

Finally, you have some serious attorney issues. Either you don't have a good attorney or you do and you don't trust him or her. Either way, you need to really figure out what you are doing with this person. You are the driver of this car so to speak and you call all the shots. If you think the case is delayed, have your attorney make a motion to dismiss the case because of this delay. Have him or her do this at every S/C at which the State fails to show up. If your attorney does not want to do this and does not have a good reason, it might be time to get a new attorney. However, if your attorney has a good reason then you have to trust in that opinion.

Basically, you have serious issue which go beyond your question and this delay. There is some type of lack of trust issue or something going on here that you need to get in check before it gets to late.

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Answered on 12/15/06, 4:17 pm


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