Legal Question in DUI Law in New Jersey
2 and a half years ago, my father-in-law foolishly committed a DUI, caused an accident and there were resulting injuries. A few months ago, they started prosecuting. Has the court denied him his right to a speedy trial? I did some research on my own and found a case from Elmwood Park where a man was arrested for DUI in 2007 and convicted 11 months later. His conviction, however, was overturned by the Superior Court of New Jersey Appelate Division (Docket A-1832-08T4) because the defendant had been denied his right to a speedy trial. In that case, the delay was 11 months but in my father-in-law's case, its been about 30 months. Does this mean my father-in-law should seek a mistrial?
4 Answers from Attorneys
I am familiar with the case you refer to. Your father-in-law to call me to discuss his case and possibly arrange to come to my office for a consultation.
Call me if you like.
Courts are guided to carefully consider and weigh four factors to determine if a Defendant�s Constitutional Speedy Trial Guarantees have been violated: (1) the length of the delay, (2) the reasons for the delay, (3) whether the defendant asserted his right to a speedy trial, and (4) any prejudice occasioned by the delay. You are very astute in your research, and obviously, you care about your father in law. Thirty months is certainly a tremendous amount of time to have charges hanging over one's head. Your father-in-law should address his concerns to his lawyer who should be assessing his rights in light of the four factors above. Your father in law is also entitled to seek a second opinion from other counsel. He is welcome to contact my office to discuss the case further.
Greggory M. Marootian, Esq.
NJ DWI Lawyer
www.newjerseydwi.com
I assume he has an attorney. What does the attorney say about all of this?
Time alone is only one factor as Greg pointed out to you...I am currently involved in a case in Salem County, where the sentencing was delayed four and a half years, which we are battling.....I feel strongly about this issue......
Call me if you wish,,, 215 732 4000 - www.saulhsegan.com
Best wishes,
Saul Segan NJ and Pa licensed
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